Your rights when travelling to the US and what to do if stopped at the border

Recent reports of European and Canadian tourists being detained at the United States border have many questioning whether travel to the U.S. is safe.

As the Trump administration moves forward with plans for mass deportations, immigration officers have reportedly been encouraged to question travellers, putting many travellers on high alert.

The parallels to the COVID-19 pandemic are notable. During the crisis, media coverage contributed to widespread fear of travel, even after borders reopened and health experts deemed it safe.

Today, similar discourse is emerging.

But how much of this concern is based on real risk, and how much is driven by heightened media attention?

As experts in tourism and travel, we are here to explain the current risks associated with travelling to the U.S., the rights of travellers if they are stopped at the border and safety tips for those who still choose to make the journey.

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Research has long shown that perceptions of risk impact people’s intentions to travel internationally. These intentions are determined by their levels of travel anxiety and their sense of perceived safety in a certain destination.

Detainment at airports and border crossings is perhaps one of the greatest fears for travellers to the U.S. While the incidents so far have seemed random, many worry about their smart phones being confiscated and social media or emails being checked.

While some of those affected are Americans returning from vacation or business trips, anyone can be stopped, including foreign students with visas, Canadians and Europeans, even with valid documentation.

These fears, along with reports of travellers being delayed at land border crossings, have resulted in a decrease in the number of Canadians crossing the Canada-U.S. border. In February, cross-border vehicle trips hit their lowest levels since the pandemic, with many cancelling reservations or making fewer travel bookings to the U.S. for spring and summer.

The current situation aligns with research showing that risk perceptions about travel can impact a country’s image as a travel destination, which, in turn, affects whether people want to visit it.

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Other concerns relate to local resident negative sentiment. While many Americans are sharing their support of Canada and continuing to head north, there is still concern for how some in the U.S. may react to Canadian travellers.

Recent studies have shown that while Americans see Canadians as friendly, they no longer view Canada as a close ally. Several countries have cautioned their citizens about stricter measures at U.S. points of entry.

What rights do travellers have when crossing the border? Very few. While travellers have the right to refuse to answer questions from immigration officers, doing so can result in increased suspicion and being denied entry.

Canadians should be aware that U.S. border officials have broad inspection powers, which can include requesting passwords to digital devices. These powers apply not only at border crossings but also in customs-controlled areas — designated zones in a border crossing area or airport.

Both the Canada Border Services Agency and U.S. Customs and Border Protection have the authority to examine any digital device.

Once at a land border, Canadians are under the exclusive jurisdiction of U.S. laws, not Canadian laws or the Canadian Charter of Rights and Freedoms. If questioned, travellers can ask if they are being detained, or if they are free to leave. If they are not free to leave, the agent needs reasonable suspicion to justify the detention.

Following customs and immigration laws generally means travellers are unlikely to encounter any issues. However, there are some things that could set off red flags at the border, including staying longer than intended, failing to declare goods to a border officer or not having the proper documentation.

If you intend to travel, be respectful of local customs, even if political perspectives differ. Avoid political messaging on clothing, offensive behaviour or sparking political conversations with locals.

While electronic device searches are rare, it is best to be cautious about the content on your devices, including social media posts and profile, political views and other personal information.

Here is a brief guide to international visitors’ rights. In particular, people should know about how to protect their computers, phones and how to safeguard their data privacy at the U.S. border. The Canadian government also offers advice for travellers to the U.S. regarding privacy issues.

It’s important to stay updated on government travel advisories related to geopolitical conflicts because they are rapidly evolving. Be sure to follow recommended travel precautions, like these ones for the U.S.

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Reports of increased detainments, stricter border enforcement and heightened security screenings demonstrate that the risk for travellers at the border is real.

These incidents have not only created fear among travellers but have also started to take a toll on the U.S. tourism industry.

Industry analysts announce a significant drop in visitation — down about 15 per cent — and about a 12 per cent drop in revenue due to travellers choosing to boycott the U.S.

Global geopolitical tensions have fuelled growing resentment toward the U.S., with many international travellers choosing not to travel for political and economic reasons.

Canada, on the other hand, could end up benefiting from a tourism perspective. International visitors are opting for Canada as a safer and more affordable alternative than the U.S. for leisure and business travel.

The question now is whether this trend will last. The geopolitical situation has led many around the world to feel antipathetic towards the U.S., and reversing those attitudes will take effort and time.

Frédéric Dimanche is a Professor and Director at the Ted Rogers School of Hospitality and Tourism Management, Toronto Metropolitan University

Kelley A. McClinchey is a member of the Teaching Faculty, Geography and Environmental Studies, Wilfrid Laurier University

This article was originally published by The Conversation and is republished under a Creative Commons licence. Read the original article