In our most recent "how can we help you?" thread, a concerned reader writes:

I'm heading to a large conference in the southern US later this year, where I'll be presenting on a topic that is under attack by the current administration (think reproductive rights, trans rights, etc.). I'm an academic in Canada, so I'll be traveling across the border. But I'm a US citizen, for whatever that's worth.

I haven't been able to find any real information about how worried I should be or what I should do as I prepare to go to the US. I'm privileged to be in Canada, but I have a deep sense of responsibility to participate in some kind of resistance — which has been much harder for me since I'm not currently embedded in my usual US community. So, I'm fairly committed to going to this conference.

But I just keep getting increasingly worried, and since most academics in Canada are completely avoiding the US (for good reason!!!), it's been difficult to get any advice on what to do if I'm set on going. I guess I'm just wondering if anyone has any sense of how dangerous this could be, what precautions I ought to take, etc. Any thoughts or advice?

Sadly (for so many reasons), all I know about is what I read in the news. One reader submitted the following response:

I don't have much of info on your specific situation, but one piece of advice I have seen time and time again is to turn off the Face ID feature for unlocking your phone when you cross the border!! As I understand it ICE/customs agents are abusing the Face ID unlock feature by waving it in front of people's faces, whereas they (allegedly) need a warrant in order to get your phone passcode number. A lot of the recent border denials seem to have revolved around contents on the individuals' phones, so this is something to keep in mind when you are coming in to the U.S. with info on your phone that they may not like.

Do any other readers have any relevant experiences or tips to share?

Posted in ,

12 responses to “Concerns about traveling to the US?”

  1. YMMV

    US citizen here that has crossed the CA border very recently for a conference. Had zero issues coming back into the states or going into CA. Standard ‘hand over your passport, what are you doing/why/how long/where’ process.

  2. Hostile border agent

    As far as I know if an international traveller refuses to give access to their phone, that could be a source of problems – they have authority to search without a warrant afaik. Based on anectodal evidence, when I travelled in May no one at my conference was asked for their phone, but I’m not sure if things differ now. I did however travel with a phone without social media and whatsapp conversations on it and had all hotel and flight bookings printed out to show. I travelled only because I couldn’t cancel.
    As for my experience coming from the EU, I would say that while some participants at the conference had a totally normal experience at the border, I encountered a very hostile border agent, who was 100% trying to trip me up. They were asking questions very fast, including with misleading suggestions, e.g.’So you said you came from xyz..’ – not where I said I came from -; ‘How long do you want to stay here, you want to stay six months?’ no, just for the conference. So be prepared to deal with this stuff even after a 12-hour flight plus 2-hour queue at the border. Good luck!

  3. Face ID

    Just to clarify: I wanted to highlight that the advice to turn off Face ID may be applicable to US citizens (like the OP) but just to keep in mind it may not be generalisable to foreigners afaik.

  4. Michel

    If you fly from a pre-cleared airport, you have rights under Canadian law and can decide not to proceed if the checks are too onerous. If you cross by land, then it’s American territory and you have no such rights. As an American citizen, however, you do (in theory) have rights, and they can’t deny you entry.
    I would bring either a burner phone, a burner laptop, or both, and access any files I need via the cloud. Make sure everything important is backed up, and leave a copy behind at home. Then, especially if they aren’t burners, encrypt your devices.
    You’re less likely to have trouble crossing by air than by land, and as an American citizen you probably won’t have any trouble (similarly for Nexus travellers). But even the chance of losing your work is horrific.

  5. Internationalist

    I am a non-US citizen who had to travel out of the country recently (with family) to renew visas. We got back in OK, but we did prepare quite detailed contingency plans (including caretaking plans for our US-citizen child in case we were detained).
    As a US citizen, you are a little more protected – but I would still definitely prepare for crossing the border, where there are far fewer legal limits on what they can do (and no real legal limits for non-citizens).
    I would read up both general legal advice and specific practical advice for crossing the border. Some links:
    https://www.aclu.org/know-your-rights/what-do-when-encountering-law-enforcement-airports-and-other-ports-entry-us
    https://www.aclu.org/news/privacy-technology/can-border-agents-search-your-electronic
    https://www.aila.org/library/border-search-of-electronic-devices-at-ports-of-entry
    Your institution (or the one you are visiting?) may also have someone to advise. Talk to them too.
    Even as a US citizen I would probably travel with clean devices (laptop and phone) – with only data that you need for the conference, and contacts and so on that you don’t mind the administration knowing are connected to you. As a US citizen, you can legally refuse to allow them to open your devices, but nonetheless…
    While crossing the border, I would put all of your devices on airplane mode and log out of any accounts etc. The advice we got was to have a message ready to send to a contact (an immigration lawyer or someone who could get a lawyer, ie someone at your institution) as you are at the border checkpoint just in case you are taken into secondary processing or taken somewhere else – they will likely take your phone off you during secondary but you can at least let someone know what is happening. There’s not much lawyers can do at the border, but at least someone other than you will know what is going on.
    I would also have very general (but not false!) responses ready to questions about the conference, your research, your views on politically contentious issues, and so on. Also be aware of anything that exists about you online, which they will have access to and may ask you about.
    Honestly as a US citizen you are far more likely to be OK than a non-citizen. But definitely still prepare.

  6. ttprof

    My (Canadian) institution is now providing loaner phones for academics crossing the border, so you could see if your institution does something similar.
    When I next go to the US, I will use a loaner phone and will not be bringing my laptop (presentation on USB, printed flight details, etc.). The advice above all seems good, especially the general answers prep from Internationalist.

  7. burner curious

    I have seen some anecdotal reports online about the American border people being suspicious of burner phones, and denying entry just because of someone carrying a burner phone.
    So I’m curious – has anyone carried a burner/loaner over the American border without being bothered about it, or had a colleague do the same?

  8. sahpa

    I would just like to caution everyone here to rely as much as possible on well-documented and -reported cases of border guard mistreatment and operating policy, and advisement from organizations that actually have good intel. Speculation and anecdote swapping quickly turns into fearmongering and misinformation.

  9. dangerous?

    Hi everyone! OP here. Thank you for all the advice, it’s really helpful and appreciated.
    I suppose I was also curious if anyone has any ideas about how dangerous the conference itself might be. I haven’t seen any news about academics being confronted while doing conferences or presentations — and it’s possible that we just don’t have an idea of how it will be in the fall! — but I’m wondering if I should be worried about that too.

  10. anon

    Frankly, this is getting out of hand. Such discussion needs to be anchored in some sense of statistics. While high-profile cases are morally important, when considering your risk, it’s worth keeping in mind that millions of people go in and out of the U.S. every week. The conference will not be dangerous in any way. I would recommend reconsidering your news sources if you have been given the impression that it might be. The greatest threat you will face during your visit will be from your Uber going onto the highway on the way to your hotel.

  11. Michel

    It’s worth noting that the burner device recommendation comes from Canadian immigration lawyers (many, many, many of them). Global Affairs Canada specifically recommends putting devices in airplane mode to prevent “accidental” downloading.

  12. another lover of stats

    Yes, I am with anon. Unless there is a special reason for you to be subjected to exceptional treatment, the odds are you will be waved through just like you have been in the past. Many many people cross the border every day, and many enter via airports withour any incident.

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