Legal officials associated with one national group are urging people from the United States to reconsider traveling internationally because of growing ambiguity in immigration laws.
Why It Matters
The Trump administration has been aggressive in its revamping of the immigration system, which in recent weeks has resulted in various countries advising caution to citizens traveling to the U.S. on visas or green cards after recent apprehensions. One notable case involved the detainment of Columbia University student Mahmoud Khalil, a green card holder who helped lead pro-Palestinian protests at the college amid the war with Israel in Gaza.
Administration officials, including Secretary of State Marco Rubio and Homeland Security Secretary Kristi Noem, have filmed video messages posted through U.S. Embassy social media pages across the world, warning that visas or other forms of identification do not guarantee stays if individuals act unruly or “undermine national security.”
GILLES CLARENNE/AFP via Getty Images
What To Know
The Council on American-Islamic Relations (CAIR) is warning people traveling internationally outside the U.S. or those entering the country to be wary of phone searches by federal immigration authorities—whether individuals have full citizenship or not.
CAIR-Massachusetts Executive Director Tahirah Amtul-Wadud told Newsweek that the seemingly increasing ambiguity in U.S. immigration law is getting worse.
“We’re getting multiple calls a day from people who are worried about whether or not they should travel,” Amtul-Wadud said. “We’re talking about doctors, students, families. We could get calls from one person and the immigration status of people in their family could be varied. They’re taking a family trip and one person could be a green card holder; the other person could be a citizen, right?
“This is complicated for families and it’s scary not knowing who has what right to return here and under what circumstances.”
It goes beyond U.S. citizens always having a right of absolute return home, she added.
“What I’m saying as a lawyer and when I’m speaking to other lawyers and doctors and those who have professions where there are explicit obligations of confidentiality in what they provide to the public, I’m saying, ‘Hey, you might be a citizen, but you might have your devices taken and the content downloaded.’
“So, I think of all the students I’ve advised this week and use WhatsApp to do it on. Like, by traveling with that device am I violating my obligation of attorney-client privilege? Are you violating your obligation of HIPAA if you talk to a patient, and now that information is with Customs and Border Patrol. We really have to think about what the implications are based on our exposure, even as citizens.”
Ibrahim Hooper, national communications director for CAIR, told Newsweek that he too receives multiple calls daily from people concerned about traveling.
“Claims that CBP is searching more electronic media due to the administration change are false,” CBP Assistant Commissioner Hilton Beckham told Newsweek. “CBP’s search numbers are consistent with increases since 2021, and less than 0.1 percent of travelers have their devices searched.
“These searches are conducted to detect digital contraband, terrorism-related content, and information relevant to visitor admissibility—all of which play a critical role in national security. Allegations that political beliefs trigger inspections or removals are baseless and irresponsible.”
The CBP website says that phone and device searches have been used to identify and combat terrorist activity, child pornography, drug smuggling, human smuggling, bulk cash smuggling, human trafficking, export control violations, intellectual property rights violations and visa fraud, etc.
The website reads in part: “All travelers crossing the United States border are subject to CBP inspection. On rare occasions, CBP officers may search a traveler’s mobile phone, computer, camera, or other electronic devices during the inspection process. … Border searches of electronic devices are often integral to determining an individual’s intentions upon entry to the United States and thus provide additional information relevant to admissibility of foreign nationals under U.S. immigration laws.”
CBP also says it has “established strict guidelines, above and beyond prevailing legal requirements, to ensure that these searches are exercised judiciously and responsibly and are consistent with the public trust.”
Gadeir Abbas, a senior attorney with CAIR with a background in civil rights litigation, told Newsweek that he and other CAIR attorneys are advising individuals to avoid international travel altogether if they’re not U.S. citizens—based on what the Trump administration may do next.
“We’ve already seen, they’re trying to deport people because they’re speaking out against the genocide,” Abbas said, referencing the war in Gaza. “They’re deporting people because of pictures in their phone and other obviously illegal things.
“Given that level of threat, if you’re not a citizen, you should avoid travel. If you are a citizen, you should be prepared to be hassled and perhaps interrogated at the border.”
Abbas called it “a concerted effort” on behalf of the Trump administration to “menace people” from speaking about the Israeli-Palestinian conflict, or to use the broad system of immigration laws to “scare” Muslims and students and others.
He said lawsuits have been filed in states including Massachusetts, Oregon and Virginia challenging the authority of border officials to search phones, laptops and other personal devices—whether individuals may be on some secret watch list or because the system is designed that way.
“They’re using algorithms to determine who to hassle at the border or whose devices to search or try to search,” he said. “That issue is working its way through the courts.
“But if the Fourth Amendment means anything at all—and it must mean that they have to have some reason to search people’s electronic devices—these kinds of witch hunts are not [legal based on] the Constitution.”
The Trump administration told Newsweek on Tuesday that more than 100,000 illegal immigrants had been deported from the United States since the start of the president’s second term on January 20.
On March 19, Immigration and Customs Enforcement told Newsweek that 28,319 people had been deported between Inauguration Day and March 11.
What People Are Saying
Secretary of State Marco Rubio on X, formerly Twitter, on March 21: “We will continue to cancel the visas of those whose presence or activities have potentially serious adverse foreign policy consequences for our country. And we will continue to use every legal means available to remove alien enemies.”
What Happens Next
Rubio ordered diplomats overseas to scour social media accounts belonging to international students and others with visas to gauge whether they should be barred from entering the U.S. as a result of criticism of the U.S. or Israel, according to the New York Times.