ICE Detains Tourists and U.S. Resident Foreign Nationals, Sparking Concern

According to reports, U.S. Customs and Immigration Enforcement (ICE) has stepped up detentions and deportations of foreign nationals entering the United States as tourists or permanent residents, leading to several countries issuing travel warnings. Flynn Hodkinson notes that there has been no change to US entry requirements. It has always been the case that foreign nationals entering the US via the Visa Waiver Program with an ESTA or entering with a US visa must demonstrate that they are entering under the correct visa for their proposed activity and are admissible to the US at the time they are requesting US entry. While some of the most recent detentions have been concerning, especially those of Lawful Permanent Residents (aka green card holders), millions of people pass through US immigration on a daily basis without issue.

Recent developments include:

• Axios reported that French government officials said that a French researcher headed for a conference in Houston, Texas, was denied entry into the United States based on messages critical of the Trump administration’s policies on academic research. Axios provided several other examples. Philippe Baptiste, France’s minister of higher education and research, said he has requested an emergency meeting with other European ministers on academic freedom.
• Also, a federal judge has blocked the deportation of a Georgetown University researcher, Badar Khan Suri, “unless and until the Court issues a contrary order.” Mr. Suri was accused of spreading Hamas propaganda. A lawsuit filed by Mr. Suri, who is a visiting scholar, said that the government’s “plans to whisk him 1,600 miles away in the same manner as the government did in the case of Mr. Mahmoud Khalil, isolating him from his wife, children, community and legal team, are plainly intended as retaliation and punishment for Mr. Suri’s protected speech.” Mr. Suri’s wife, a U.S. citizen, is a Palestinian who has reportedly criticized U.S. foreign policy toward Israel.

The detentions have aroused international concern. Der Spiegel reported [in German with English translation available via Google Translate] that Germany has enhanced its advice to Germans traveling to the United States after several Germans were detained, warning of possible “arrest, deportation detention and deportation” in certain circumstances and noting that U.S. border officials have the authority to deny entry despite a visa or Electronic System for Travel Authorization clearance. Canada, Denmark, and Finland have also issued travel advisories for their citizens, and the United Kingdom has revised its advice. Some of the warnings note that the Department of State has eliminated the “X” marker on passports for those not identifying as male or female.

This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Senior Associate Lawyer, Catherine Betancourt at catherine@flynnhodkinson.com.