Issue#31 Navigating US travel amid border uncertainties
...Your guide to planning travel to the US
This issue covers a topic that is relevance to many right now - how to safely travel to the US.
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I’m Leaving on a Jet Plane 🛫
Spring is in the air here in Toronto 🌻
And people are traveling…
Maybe you’re planning some trips too! Work trips. Personal trips. The vacations you can’t wait to take! And the damn family obligations you’re being dragging to.
Some of these trips might take you to the US. Remember the media frenzy in March and April? All those scary immigration stories? Searches of electronics. Denials. Detentions. Jasmine Mooney.
Well, the media has moved on. That doesn’t mean you should be taking things lightly when traveling to the US.
I visited Dallas, Texas in mid-April. This was peak-border anxiety season. As a When-In-Doubt-Over-Prepare kinda gal, my due diligence commenced well in advance.
I tracked the “detention/denial” news stories. Here’s the thing, though - the news stories just weren’t very helpful in telling me what I needed to do, how I needed to prepare.
There was lots of colour at the beginning and end of these stories.
Personal details about the detained people - Jobs, families, aspirations, plans for the trip, plans in life.
Details on the enforcement actions -
The indignity of detention. The probing secondary inspections. Checking of electronics. The occasional power-trippy “inspections” on antagonistic views on the current President 😒
The middle though, was blurry. But that’s where the actionable information really is, right?
The stories had more emotional heft than practical value. Each left me more panicked than informed.
So, I hollered to David.
David Garson is an accomplished, gives-it-to-you-straight immigration attorney that practices on both sides of the border. He is based out of Toronto. He has also been on Canadian TV news to discuss this exact issue!
A quick note - this is a fast moving situation. This conversation took place on April 06, 2025. Some details may have changed since our chat.
So, here’s the deal…
I am an Indian citizens. I lived in the US for 9 years on a visa. When you look and sound very Indian, hold an Indian passport and live in the US, you learn certain things very quickly about how the border works -
Border officials have immense discretion in who they let in. Border officials may strongly question you during entry. Simply put, the border is NOT a friendly place.
None of this is is from the Trump Special Menu. This is totally normal.
Oh, and the now infamous electronics checks? Also normal! 🙂
I started my chat with David with exactly this question - “What exactly has changed? Or is it just that a lot of folks are being exposed to enforcement they’re not used to and kinda freaking out a bit?”
Here’s David -
No, I think you're exactly correct.
I mean, there's nothing that's going on that hasn't gone on. It's just that it's being applied to people that aren't used to it being applied to them…
To your point, there's always been a situation where individuals from certain countries are going to have a tougher time getting into Western countries. It's been as long as I've been practicing and it is frankly speaking, it isn't something that I've experienced. It is something that other people have experienced and people I've represented have experienced.
It is the way it is and I'm not defending it.
Based on cases he’s seeing, here’s David’s high-level verdict on travel to the US right now -
Let's say you want to go to Disney World.
You have your tickets and you have your flights, your hotel and you're going for a week, you have a return trip, you should not be worried necessarily about going to the United States...
Nobody is getting denied that I think shouldn't be denied. So in other words, if somebody has the ability to go into the United States and they have the proper purpose and the correct documentation, then I still see them going in, but they are getting questioned more and they are getting challenged.
A million people enter the US every week. They really have better things to do than give everyone a problem. It's individuals that are caught in an immigration sort of grey zone that really should be looking at themselves.
Are you in the “Grey Zone”? Do a basic Risk Assessment
David suggests this basic risk-assessment to check if you’re in the clear. You should be doing this anytime you travel to the US, really. Not just right now.
What is the purpose of your travel? Can it be interpreted as “work”?
…people who are traveling on behalf of their employer and they're unsure whether or not they need a work permit or not…they should probably look at that.
Have you been denied entry before?
If you have been denied then perhaps you should take a look and see. Maybe it's not a good idea to go in without any documentation.
Do you have any criminal activity or convictions in your past?
Yes = Grey zone. Get legal advice on this one.
Have you had any unauthorized presence in the US?
…[US border officials] are far more focused now on inadmissibility issues and overstaying and things like than they ever have been. People that overstayed then went back and got in and now went back again, now they're being called out on it.
Are you a Green Card holder who has been abroad for a while?
If you are living outside the US without a re-entry permit, you could have issues.
Let’s say you’re a green card holder and you live in the US, but you’re out a lot. Maybe you have two residences - one in the US and one in Canada and you go between them. You're going to have to justify that the US is your home.
…they can't take away your green card, but they can certainly set up for a hearing to take away your green card.
And certainly if you're going to be out for a year, then you better make sure that you file something called a “re-entry permit” before you leave.
These are the “usual” grey-zones - the ones that have always been a concern. Folks in these situations could benefit from consulting an immigration attorney and getting advice on how best to handle their unique situations appropriately.
And then…there’s the elephant at the border. It is undeniable at this time that the worrying recent trends call for some extra consideration.
Social Media and Electronics
So, let’s ask that thorny question - “What about the damn electronics?”
Sure enough, David has been getting a lot of questions on this one…
Can they look at my phone? Can they open my laptop?
The answer is yes, they can. If you go to the airport though and you refuse to let them look at it, chances are they're just going to tell you to leave.If you go to a land port of entry, they're more likely to seize it or demand that you open it. So, I mean, if you are publishing anti-government or and it's a horrible thing to say, and I know it doesn't sound like I'm talking about the US when I say this, but if you're publishing anti-Trump or anti-administration media or diatribes or, it's all over your phone, then, you may want to take a look at that and understand if they open that phone, you may have an issue.
Again, not encouraging that by them, but it is the way it is.
There have been attorneys on TV and in print that have essentially recommended that people carry a “burner” phone to the US. David’s take on this is that this is probably not a great idea. The complete absence of information on your phone might just increase scrutiny. But ultimately, it’s your call.
An unanswered question for me, regarding inspecting of electronics is, what are the boundaries of this - what can they look at and what’s out of scope? Like, what about things like bank accounts?
No, that's an excellent question.
They can go far enough to open your phone and your computer and then see what they see on that. They can't or shouldn't be able to ask you to go into your personal details of your life in terms of your things that don't contain information that they would say they need to look at to determine your admissibility to the United States.Your bank account in that regard - if they want to seize your electronics and then decide they want to do an investigation…They have to go and get a warrant and all of that stuff.
But what they're trying to determine is whether you are an admissible person.
I also asked David how someone should handle this sort of inspection, if it comes to it.
…if somebody asks you for a phone password, so they can go through your phone, say, "No, I'll open it for you." And if they insist on giving a password, then you have a decision to make whether you want to give it or not. If you don't, they probably won't let you in.
…but they could seize the device if they want to. They probably won't do that if you're on Canadian soil. That would be on US soil.
And that, leads us to our next point…Choosing HOW you enter the US - a surprisingly consequential point in this whole issue.
Pre-flight inspection is your friend
Not all ways of entering the US are created alike. Some locations obviously invite more scrutiny - like attempting entry at the southern border. I mean, there are troops currently deployed there, its obviously a tense situation.
Others are less obvious.
Many Canadians drive to the US, not realizing that this is less than ideal.
David suggests Canadian airports with pre-flight inspection, like Toronto-Pearson or Vancouver. Because at pre-flight inspection, you are still on Canadian soil and somewhat better protected.
So, going through pre-flight inspection…if they deny you entry, you have more of an opportunity to leave or withdraw your application for entry.
On the US side, you can try that, but they may say, "No, you're on US soil. You're under our jurisdiction. We're investigating this whatever they're investigating with regard to why you want to enter.”
Note: Billy Bishop airport in Toronto does NOT currently have pre-flight inspection. So, check your airport before you book you travel.
So yeah, if you are not used to a certain baseline level of border-caution that is just normal for a person like me, here are some ways to prepare for travel to the US:
Support your journey with documents
Flight itinerary, hotel reservations, letter from work for business travel - that sort of thing.
Don’t assume you’ll get in because you got in before
Enforcement is tightening. There’s no doubt about it. If you have any of the grey-zone stuff in your history, speak to an attorney even IF you have previously entered without an issue.
Choose your method of entry wisely
Skip the road for now. Pre-flight inspection is your friend.
Monitor the situation closely
Stay aware of and follow all rules. This is a fast moving situation and things may loosen or tighten as time goes. Some good resources are: USCIS website, CBP website, Foreign Affairs Canada website.
Here’s an example of sudden changes -
The Trump administration is enforcing a registration requirement for anyone who enters the US and stays beyond 30 days who were not registered and fingerprinted at the time of visa application. See requirements here.
Don’t skimp on legal advice
People often realize too late that good legal advice was the most costly expense they DIDN’T make.
If you’d like to contact David Garson for a consultation, you can reach him at david@garsonil.com
Guest profile:
David Garson - https://www.linkedin.com/in/davidgarson/
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