If you’re dreaming of taking a selfie at the Statue of Liberty or looking at the city from the top of the Empire State Building, there’s one important thing you shouldn’t overlook: understanding your rights in the US as an international visitor.

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Since Donald Trump returned to the White House, his administration has reintroduced tough immigration policies promised during his campaign. In recent weeks, multiple tourists heading to the US have been detained at the border, causing concern among foreign travellers and drawing criticism from other nations.

Also read: US no longer safe for tourists? UK, Germany issue travel warnings after woman detained ‘like Hannibal’

Here’s a simple guide to help you understand what to expect before visiting the United States:

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Can US border officials still stop and search you if you have valid travel documents?

Yes. US customs officers have the authority to stop anyone at entry points to determine if they’re allowed into the country. They can search your luggage and personal belongings, even if there’s no specific reason to suspect you of wrongdoing.

Can US border officials search your mobile phone or laptop?

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The US government claims the right to search electronic devices like phones and laptops without needing specific suspicion. In some cases, customs officers have asked travellers to provide passwords to access their devices.

Also read: Trump to revive his travel ban: 43 nations on the chopping block, including Russia and Iran

What happens if you refuse to unlock my phone or laptop?

If you are a US citizen, you can’t be denied entry for refusing to unlock your devices. However, your refusal may cause delays, additional questioning, or even result in your device being taken for further inspection. Non-citizens may face stricter consequences.

Can you still enter without a visa if you are from a visa-waiver country?

Generally, the Visa Waiver Program allows travellers from around 40 countries to visit the US for up to 90 days for tourism or business without needing a visa. US citizens can also travel to these countries under similar terms.

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However, travellers must still apply for Electronic System for Travel Authorization (ESTA) approval at least 72 hours before their flight. Be aware that if you’ve travelled to certain countries, such as Cuba after 12 January 2021, you may not be eligible for an ESTA and would instead need to apply for a visa.

ESTA holders cannot study or work permanently in the US and have limited rights – including fewer protections against deportation, which may include mandatory detention.

What if you get detained at the border?

Civil rights groups now recommend that non-citizens travelling to the US carry contact details for an immigration lawyer or an emergency contact. If you are detained, it’s best to follow officers' instructions and contact legal support immediately.

What rights do visitors actually have?

You do have the right to remain silent, but using that right at the border could work against you. For example, if an officer asks whether you plan to work during your visit and you don’t respond, your entry could be denied.

Also read: Trump administration terminates legal status for 500,000 immigrants

If denied entry, travellers may be allowed to “withdraw” their application and return home. In such cases, the visa is typically cancelled, and the person is sent back on the next available flight.

It’s important to know your rights and be fully prepared before travelling to the US, especially as policies have tightened again under the Trump administration.

(With inputs from agencies)