Being denied entry to the United States can be a confusing and stressful experience for international travelers. A recent USA Today report highlights the challenges and processes faced by those turned away at U.S. borders. The denial of U.S. entry disrupts travel plans and can have far-reaching consequences.
These include financial losses from non-refundable accommodations, missed business opportunities, separation from loved ones, and potential stigma affecting future travel attempts. Thousands of hopeful visitors face this unexpected outcome each year despite having what they believe to be proper documentation.
The Scale Of US Border Operations
According to U.S. Customs and Border Protection (CBP), nearly one million people enter the United States every day. While the vast majority pass through without issue, recent high-profile cases have raised concerns about the entry process. Last week, reports emerged of a French scientist allegedly denied entry after expressing opinions about the Trump administration’s research policies.
Similarly, members of British punk band U.K. Subs were reportedly turned away for visa issues and potentially for past criticism of the president. When questioned about politically motivated denials, CBP spokesperson Hilton Beckham told Reuters that such claims are “completely unfounded.”
Grounds For Denial
As per USA Today, the reasons for denial for non-US citizens are outlined in Section 212(a) of immigration law, as explained by Fernando Chang-Muy, Thomas O’Boyle Lecturer in Law at the University of Pennsylvania Carey Law School. These grounds include health concerns like tuberculosis, criminal history, security threats, risk of becoming a public charge, intention to work illegally, or traveling without proper documentation.
Even permanent residents may face scrutiny if they’ve been outside the US for over six months. The current administration also maintains travel restrictions from multiple nations, including Bhutan, Iran, and Venezuela, citing protection against those who “intend to commit terrorist attacks, threaten our national security, espouse hateful ideology, or otherwise exploit immigration laws for malevolent purposes.”
What Happens After Denial
When non-citizens are denied entry, Chang-Muy outlines three common scenarios. First, travelers may be immediately returned to their point of origin, with the airline covering the cost. Second, they may be sent to secondary screening for further evaluation. Third, they could be detained, particularly if traveling with false documents or considered a security threat.
The options for non-citizens denied entry are severely limited. While permanent residents must be given a reason for denial and may seek legal counsel, foreign nationals have fewer protections.
“Typically consular officials have discretion to grant or deny a visa, and typically there’s no review, and it’s called the non-reviewability process of people who apply for a visa,” Chang-Muy explains.
Those seeking to enter may eventually reapply for a visa or request an ineligibility waiver, but immediate remedies are scarce.
US Citizens Cannot Be Denied
It’s worth noting that US citizens have the constitutional right to enter their own country. According to the American Civil Liberties Union, citizens cannot be denied entry, though they may face detention or additional inspection if they refuse to answer questions from border officers.
For travelers concerned about potential entry issues, understanding visa requirements, carrying proper documentation, and being prepared to answer questions honestly at ports of entry remain the best approaches to avoiding complications at the US border.
