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If you’re traveling to or living in the United States and hold a green card, Long or Short-term visa, or other non-citizen status, you may face additional scrutiny. This guide explains your rights at the border, how to protect your digital data, and what to do if you are targeted due to your personal identity.

This guide is intended to provide practical, well-researched information to help travelers understand their rights and prepare for possible challenges at U.S. borders. It draws from trusted sources and current policy updates. However, it is not a substitute for legal advice. For questions about your specific situation, especially involving visas, asylum, or legal risks, you should consult a qualified immigration attorney.

 

1. What Border Officers Can and Can’t Ask You

Questions About Religion, Politics, or Personal Identity

  • You do not have to answer questions about your religious beliefs, political views, or personal identity (including your gender identity or sexual orientation). These topics are protected by U.S. law.
  • While you may refuse to answer, be prepared for potential delays or more extensive questioning.
  • If officers persist in asking intrusive questions, request a supervisor.
  • Should you be denied entry and fear persecution back home—for political, religious, or identity-based reasons, make your fear clear and ask for asylum.

 

2. Entry Rights Based on Immigration Status

Green Card Holders (Lawful Permanent Residents)

  • You are required to answer only questions related to your identity and proof of permanent residency.
  • Do not give up your green card voluntarily.
  • Your re entry might be challenged if you’ve been away for more than 180 days, have a criminal record, or have taken actions that could be interpreted as abandoning your status.
  • If you fall into any risky categories, consult an immigration lawyer before traveling.

Visa Holders and Visitors

  • Be prepared to answer questions about your visa, travel plans, and identity.
  • Refusing to answer questions regarding personal or political beliefs may result in delays or even denial of entry.
  • Though officers cannot target you based on your gender, sexual orientation, race, or religion, personal biases may still occur. Stay calm and assert your rights respectfully.

 

3. Electronic Devices: Searches & Security

Searches of Phones and Laptops

  • U.S. Customs and Border Protection (CBP) has the authority to search or copy data from your electronic devices—even without any suspicion of wrongdoing.
  • Officers may temporarily seize your device for inspection. Document the officer’s name, badge number, and agency if a device is taken.

Device Unlocking and Passwords

  • You are entitled to refuse to unlock your device:
    • Green card holders might experience delays or seizures of their devices.
    • Visa holders and visitors run a risk of entry denial if they refuse.
  • If you do unlock your device, enter the password yourself (avoid speaking it) and change your password immediately afterward if it is captured.

Pre-Travel Digital Security Measures

  • Use a strong, long passcode (6+ digits) and disable biometric options like Face ID or fingerprint scanning.
  • Back up and clean your phone of sensitive information or apps that could draw attention. Use secure folders or third-party apps to hide sensitive items, especially on Android devices.
  • Sign out of or temporarily delete apps or messages that might expose details about your political or social activities.
  • Clear your browser history and caches before travel and consider using encrypted communications (for example, Signal with auto-delete enabled).

 

4. Personal Searches & Religious/Identity Rights

Physical and Personal Searches

  • Officers may perform pat-downs; however, invasive strip searches require reasonable suspicion and must be done in private.
  • If you’re asked to remove clothing or undergo additional screening:
    • Request it to be performed in a private area.
    • Ask for a same-gender officer if you feel more comfortable.
  • These safeguards also apply if you are LGBTQ+ or gender non-conforming.

Religious or Identity-Based Attire

  • You have the right to keep your religious head covering or any clothing related to your gender identity.
  • If officers request removal:
    • Insist on a private screening.
    • If you prefer, ask to self-pat down your religious or identity-based head covering.

 

5. Biometrics & Fingerprints

  • Fingerprints are mandatory. All visitors, including green card holders, visa holders, and other non-citizens—will be fingerprinted on entry.
  • Know this is a standard security procedure that applies regardless of your identity or political beliefs.

 

6. If You’re Asked to Sign Documents

  • Do not sign any document without understanding its contents.
  • If a document is presented in a language you do not understand, insist on a translator.
  • Beware of documents that might ask you to relinquish your rights or risk your legal status.
  • If you are uncertain, ask to consult a lawyer before signing anything.

 

7. If You’re Ordered Off a Plane

  • A pilot may ask you to leave if they believe you are a threat to the safety of the flight.
  • Such decisions should be based on objective behavior, not on personal characteristics such as gender, sexual orientation, race, or religion.
  • If you’re removed unjustly:
    • Request a written explanation.
    • File a complaint with the airline and consider reaching out to civil rights organizations.

 

8. If You Suspect You’re on a No-Fly List or Watchlist

  • If you believe you’ve been mistakenly added to a no-fly list or a national security watchlist, contact a civil rights lawyer immediately.
  • File a complaint through the DHS’s Traveler Redress Inquiry Program (TRIP) at DHS TRIP.
  • Contact Legal Aid organizations.

 

9. Final Tips Before Travel

  • Carry Physical Copies: Always print out your visa, green card, and other essential documents. Keep them in a separate, secure location from your phone.
  • Inform a Trusted Contact: Let someone close to you know your travel plans and check in regularly.
  • Have Emergency Contacts Ready: Maintain a list (physical and digital) of contacts, including an immigration attorney, civil rights groups, and trusted friends or family.
  • Stay Calm and Collected: In every interaction with border officials, be respectful and stick to providing only the legally required information. Document everything if possible.

 

10. If You are Applying for a Visa: Social Media and New DHS Screening for Alleged Antisemitism (Effective April 2025)

As of April 9, 2025, U.S. Citizenship and Immigration Services (USCIS) will screen social media activity for what it defines as antisemitic content. This will be used to deny immigration benefits to non-citizens, including: Applicants for green cards (lawful permanent residence), Foreign students (F-1 visa holders) and anyone affiliated with educational institutions deemed involved in what the U.S administration deem as antisemitic activity. Facebook, Instagram, LinkedIn, Pinterest, Reddit, Tumblr, Twitter, and YouTube are listed.

What DHS Considers Problematic

  • According to the new guidance, USCIS will flag posts or activity that appear to:
    • Endorse, support, or promote antisemitic terrorism
    • Express support for groups the U.S. has designated as terrorist organizations, including: Hamas, Palestinian Islamic Jihad, Hezbollah, Ansar Allah (the Houthis)
    • Encourage or appear to encourage violence against Jewish individuals (DHS explicitly states that social media activity alone may be used as a negative factor in your immigration case—even if you are not directly involved in violence or criminal activity)

 

What You Should Do Right Now (Suggestions for Protections)

Review Your Social Media

  • Delete or archive posts, likes, shares, or comments that could be interpreted as promoting any kind of violence or endorsing groups named above.
  • This includes memes, retweets, hashtags, videos, and “likes”.
  • If you’re unsure, assume DHS is monitoring it and err on the side of caution.

Use Clear Language

  • Supporting human rights, opposing war crimes, or advocating for Palestinian dignity is not illegal, but DHS may misinterpret emotional or ambiguous posts.
  • You can avoid using slogans or language that could be construed as endorsing violence.

Private Isn’t Private

  • Assume that even private or deleted posts may be recovered or reviewed.
  • Avoid discussing sensitive political topics on accounts linked to your real identity.

If You’re Affiliated with a School or Organization

  • Be aware that DHS may scrutinize schools or institutions that are involved in public protests or political statements. If you’re on a student visa or J-1, be especially cautious.
  • You are still protected by free speech laws, but DHS may use discretion to deny benefits based on political activity they associate with “antisemitism.”

 

Helpful Resources

 

List of immigration organizations to contact if legal representation is needed:

  • American-Arab Anti-Discrimination Committee (ADC)
    (202) 244-2990
    www.adc.org
  • American Immigration Law Foundation (AILF)
    (202) 742-5600
    www.ailf.org
  • American Immigration Lawyers Association (AILA)
    (800) 954-0254
    www.aila.org
  • Council on American-Islamic Relations (CAIR)
    (202) 488-8787
    www.cair.com
  • Mexican American Legal Defense and Educational Fund (MALDEF)
    (213) 629-2512
    www.maldef.org
  • National Lawyers Guild (NLG)
    (212) 679-5100
    www.nlg.org
  • National Immigration Law Center (NILC)
    (213) 639-3900
    www.nilc.org
  • NAACP Legal Defense and Education Fund (NAACP LDF)
    (212) 965-2200
    www.naacpldf.org
  • National Immigration Project
    (617) 227-9727
    www.nationalimmigrationproject.org
  • Puerto Rican Legal Defense and Education Fund (PRLDEF)
    (800) 328-2322
    www.prldef.org
  • South Asian American Leaders of Tomorrow (SAALT)
    (310) 270-1855
    www.saalt.org
  • U.S. Commission on Civil Rights (UCCR)
    (800) 552-6843
    www.usccr.gov