Travellers to US facing increased border controls

Foreign nationals entering the US now face increased scrutiny from US immigration and customs authorities. There has also been a significant increase in the number of cases where US Customs and Border Protection (CBP) has detained selected travellers and searched their electronic devices, also checking their social media activity. This trend responds to President Trump's executive order of 20 January 2025, which to better protect the border directs federal authorities to more rigorously screen aliens seeking to enter the US. The order also mentions a possible ban on entry for citizens of countries where US authorities deem the security screening of citizens to be inadequate.

The change in the approach to border checks applies to all travellers to the US, including those from countries that have visa-free contact with the US and who are travelling under ESTA, valid visa holders, and permanent residents. In fact, CBP officials have very broad authority in conducting these checks - including seizing and searching any electronic devices that the travellers may carry with them. If objectionable content is identified or if the foreigner fails to comply with the request to surrender the device, CPB have the authority to deny their entry or even temporarily detain the foreigner until they are allowed to return to the country from which they arrived. If this happens, there are no legal means of overturning the authorities' decision.

Denial of entry to the US may also have negative consequences for future travel or visa applications. For business travel, problems at entry checks may also affect the reputation of the employer with US authorities.

We therefore recommend considering the number of devices that travellers bring with them, assessing the data that these devices contain, and taking a cautious approach to the employee's or employer's social media activity.