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Editor's Note
What Are the Risks Traveling In and Out of the US?
Before you plan to attend that meeting abroad, or even before you plan a vacation outside the United States, it's essential to know the law, the risks, and what may happen.
Political border crossings have always been fraught. I was traveling with my family in a VW bus through Eastern Europe during the 1970's. At the check point going into what was then Yugoslavia, my aunt offered one of the soldiers a cigarette. The next thing we knew, another soldier disappeared with all of our passports, then the interior of the van was dismantled while the guards searched for contraband (primarily Levis jeans and Bibles). They didn't find either—I was wearing the jeans. They returned our passports and even helped us reinstall the seats in the bus. I think they felt sorry for my dad who was traveling with three women and two young kids.
I've been lucky to travel and live overseas. I've only been afraid for my personal freedom and safety a few times—never at a US border. But right now, I'm not sure I would leave the US, no matter where I was going, partly because I just finished reading this article.
Borders have their own law and the people enforcing borders often have a lot of discretion about how to handle things. It's important to understand the risks and be prepared before sending employees overseas for work. Even if people are just taking foreign vacations, it's worth educating employees about the information in this travel advisory from Ice Miller (not that Ice).
- Heather Bussing
There are times when international travel may be more challenging or stressful than other times. At present, the United States finds itself in a period of significantly increased immigration enforcement occurring in the interior of the United States, at ports-of-entry, and at United States consular posts. With this in mind, it is wise for employers to educate their traveling workforce and to have their employees consider one’s individual travel risks and tolerance for delays when deciding whether and when to travel abroad and return to the United States. This Travel Advisory is intended to help employers manage those risks and better prepare one’s traveling workforce for an uneventful return trip back to the United States.
In recent months, the media has documented numerous instances of foreign national travelers being stopped at ports-of-entry, detained by immigration authorities, and occasionally being denied entry to the United States. It is important to contextualize the realities on the ground. First, nearly all authorized travelers entering the United States are being inspected and admitted into the United States without any issues. That is the good news. However, we are also mindful that those media stories are instructive. We recognize that the news headlines can highlight incorrect legal analysis and poor decision-making by the U.S. Department of Homeland Security—both U.S. Customs and Border Protection (CPB) officers and U.S. Department of State Consular Officers. It is because of this increased scrutiny and occasional inconsistent or suspect decision-making at the border and at United States consulates, and the future Travel Ban(s) that will likely be implemented in the coming weeks, that we issue this Travel Advisory.
We anticipate the current administration to implement its Travel Ban at some point in the near future. Even if you are not a foreign national of a country listed on an expected Travel Ban, you may still encounter delays at ports-of-entry and at consular posts in the days and weeks following the implementation of any Travel Ban.
The documentation one should carry will vary depending on the foreign national’s class of admission requested by the traveler.
Lastly, a subject that has generated increased concern during the early days of the new administration relates to electronic searches at the ports-of-entry during entry into the United States.
Whether one is a visa holder, green card holder, or even a naturalized or natural-born United States citizen, one could face increased scrutiny of phones, laptops, and other electronic devices at ports-of-entry. CBP claims these searches are rare and necessary for national security, but under the current administration these searches have become more frequent, raising serious concerns about privacy violations and political targeting.
We strongly advise that foreign national employees communicate their personal and business travel plans as early as possible to their human resources (HR) representative to allow for the HR team to obtain any necessary legal advice or travel-related updates or information to help prepare the foreign national employee for a seamless immigration process at the consulate or an uneventful return to the United States.
This Travel Advisory is not meant to substitute for legal advice regarding your future international travel plans.
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