Could your cellphone data and what you do on your phone result in you being denied access when visiting a country?
According to Spar & Bernstein US Immigration Lawyer, Brad Bernstein (@bradbernsteinlaw), the US government is increasingly searching phones at the airport and using the information they find against individuals, especially those entering on B2 tourist visas.
In a video shared to the social media platform, TikTok, the lawyer said that it was “interesting” that the government was taking people’s phones at the airport and using them against them.
He explained that as a result, travellers need to be very careful on what’s on their phones when coming into US airports.
“People are getting stopped at the airport and having their phone taken from them. And having immigration look through their phone and start questioning why they’re doing certain things on their phone. Why are they looking at certain TikToks? Why are they texting someone about getting married? Why are they inquiring about legal services,” said the lawyer.
He added that in one particular case, they could even question travellers on why they have a hotel room for only two days or why they have hair braiding appointments on their calendar on their phone?
“There is no constitutional protection for search or privacy at the airport until you are officially admitted into the US if you’re entering on a B2 visa, your only purpose should be to be a tourist—not to work or marry,” said the lawyer.
Netizens from around the world, shared their stories on Bernstein’s post, and weighed-in on the matter.
@suzycoco5 said: “That is violation of privacy. Isn't it illegal to search someone's phone?”
Another user, @msmonscorner, said: “Norwegian here. This happened to me. Was sent back home cause I was an immigration risk 😂.”
Whilst @lalaluna101 said: “If u r Middle Eastern u already know this can happen to u in most airports. I am not visibly Muslim AT ALL but my passport says where I was born and I’ve been pulled aside so many times!”
According to Harvard Global Support Services, In 2017, the US Customs and Border Protection (CBP) announced that all travellers flying to the US from foreign airports would have their baggage and electronic devices more rigorously searched; and in 2018, CBP issued updated guidelines for conducting border searches of electronic devices.
“Consequences of refusal to comply with search requests vary according to the location, the applicable laws and regulations, and the citizenship and immigration or visa status of the traveller, but can include detention, denial of entry, or confiscation of devices,” the site stated.