Repost: Campus Message on International Travel

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Dear Campus Community,

I am writing to address ongoing questions and concerns received from students, faculty, and staff regarding international travel.

First, it is important to acknowledge that each traveler’s circumstances are different. As has always been the case, individuals must seek to understand their own circumstances and potential risks prior to traveling.

Second, the information contained in this communication is provided for informational purposes only, and should not be construed as legal advice on any subject matter. If you have specific legal questions about your own immigration status, please seek assistance from a private immigration attorney.

1. Carry and make copies of valid immigration documents

Whether you are traveling to the U.S. or another country, it is imperative that you understand both entry and exit requirements for that country as well as any requirements for conducting your intended activities, such as study or research. Travelers are strongly advised to check with the embassy of the country to which they are traveling, or transiting through, prior to departure.

U.S. immigration law requires nonimmigrants and lawful permanent residents, 18 years of age and over, to carry evidence of their immigration status at all times. This is particularly important to note as Department of Homeland Security Secretary Kristi Noem has called on all state and local authorities to assist with enforcement of immigration laws.

2. Expect processing delays when applying for a new visa to return to the U.S.

Due to an increase in the number of visa applicants requiring in-person interviews, the introduction of enhanced vetting and screening as well as an ongoing federal hiring freeze, visa processing may take longer than travelers experienced in the past. Further complicating this matter is the fact that the U.S. Department of State has apparently ceased updating visa appointment wait times at various consular posts. Please note that, as a result, the Center for Global Engagement is not currently able to assist travelers with projecting U.S. visa processing times. 

Travelers needing to obtain a new visa or renew their current visa in order to reenter the U.S. should ensure they have an in-person visa interview appointment date confirmed, if required, prior to departing the U.S.

3. “Enhanced vetting and screening” practices may increase your chances for secondary inspection

The Trump administration’s reintroduction of enhanced vetting and screening practices at U.S. consulates and ports of entry significantly increase the risk that international travelers may experience greater scrutiny of visa applications, prolonged visa processing times, and more intense questioning when seeking to enter the U.S.

Travelers should seek to identify and weigh the risks associated with international travel based on their personal circumstances. Failure to carry proper documentation, evidence of prior legal issues, including certain traffic violations, and prolonged stays outside of the U.S. may all result in issues for travel. If travelers have questions about their specific circumstances, then they should contact a qualified immigration attorney.

4. Expect inspection of personal property without a warrant at U.S. ports of entry

At U.S. ports of entry, such as international airports and border crossings, U.S. Customs and Border Protection (CBP) has broad authority to both search and seize travelers’ personal possessions, including electronic devices, without a warrant. Specifically, CBP may perform the following:

interrogate any person seeking to enter the U.S. to determine their eligibility for admission;

search the property of any person seeking to enter the U.S.; and

copy data for further inspection.

While the above focuses on the U.S., other countries have similar authority that may even permit government officials to conduct warrantless searches far beyond the regular customs enforcement area.

Considering the sensitive nature of certain research and technologies as well as personal privacy concerns, travelers are advised to only take electronic devices and data required to perform their intended activities abroad. Additionally, travelers should understand what items are prohibited or restricted from entering the U.S. and any countries they may be visiting or transiting through. Please visit UMBC’s Office of Research Protections and Compliance’s Export Control and Travel Page for additional considerations and tips related to international travel and restrictions on transferring controlled items or technologies.

5. Understand that your social media profile and activity may be searched

Many countries, including some of the most popular tourist destinations, have lèse-majesté laws prohibiting criticisms of the host country’s government. Violation of these laws can result in fines, detention, deportation, and denial of eligibility to visit the country in the future.

Given the rise of social media, a growing number of governments have also implemented fake news laws designed to address online manipulation and news the country’s government deems to be untrue. More recently, artificial intelligence (AI) has made it easier for governments to monitor social media postings and other online content.

While freedom of speech is a core value of the United States, travelers should be fully aware of how their participation in certain activities and expressions of speech may expose them to risks that could compromise their immigration status. According to Axios, more than 300 international students had their visas revoked during the first three weeks of the U.S. government’s new Catch and Revoke initiative, which uses AI to assist with the review of social media accounts.

6. Prepare for possible travel bans

The New York Times reported on an internal Trump administration memo indicating that certain countries could soon be subject to a revised travel ban. As reported, the proposed ban would include three tiers: Red, Orange, and Yellow.

Countries in the “RED” category, which could face a full travel ban, may include: Afghanistan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen.

Countries in the “ORANGE” category, which could face higher scrutiny, may include: Eritrea, Haiti, Laos, Myanmar, and South Sudan.

Countries in the “YELLOW” category, which would have 60 days to address concerns from the administration or risk being elevated to one of the two higher categories may include: Angola, Antigua and Barbuda, Belarus, Benin, Bhutan, Burkina Faso, Cabo Verde, Cambodia, Cameroon, Chad, Democratic Republic of the Congo, Dominica, Equatorial Guinea, Gambia, Liberia, Malawi, Mauritania, Pakistan, Republic of the Congo, Saint Kitts and Nevis, Saint Lucia, São Tomé and Principe, Sierra Leone, East Timor, Turkmenistan, and Vanuatu.

It is currently unknown when or if the new travel bans will be implemented. Still, there remains a very real risk that nationals of the listed countries who are outside the United States when the ban is announced may be unable to return, even with a valid visa stamp. It is also possible that additional countries could be included.

Individuals who do not hold U.S. citizenship and who are planning to travel abroad and reenter the U.S. must assess their personal risk tolerance for international travel given the possibility that they may be unable to reenter the U.S. as a result of a future travel ban. Moreover, such travelers should plan ahead for how they would be able to continue their studies or employment from outside of the U.S.

Summary of recommendations

Ensure you carry valid immigration documents with you when you travel within the United States and abroad. It is also highly recommended that you make copies of these documents in the event they are ever damaged, lost, or stolen.

If you need to obtain a new visa prior to returning to the United States and require an in-person visa interview, do not make international travel plans until you have an in-person visa appointment confirmed.

Be prepared for questioning by CBP officers upon your return to the United States.

Understand that CBP officers may search your personal possessions without a warrant. This includes data, such as messages, files, and photos, stored on electronic devices as well as information you have shared on social media.

If upon arriving at a U.S. port of entry you are referred to secondary inspection (i.e., additional screening), remain calm and provide clear responses to the questions asked. 

Assess your personal risk tolerance for possibly being unable to return to the U.S. in the event that travel restrictions are imposed and potentially change your travel plans if you feel that you may be at risk.

Resources for university travelers

The International Travel Guide, published by Business Services, is designed to assist university travelers with planning university-sponsored international travel. It includes guidelines for obtaining pre-approval and submitting reimbursement requests.

The Office of International Students and Scholars is available to consult on immigration-related travel issues for individuals holding F-1, H-1B, and J-1 immigration status.

UMBC’s Employee Assistance Program (EAP) provides employees with access to free confidential counseling and connections to attorneys who can help with a variety of issues, including immigration concerns.

UMBC’s International Travel Registry provides real-time, location specific security alerts to students, faculty, and staff traveling internationally on university business. Additionally, travelers registering their travel will be notified of how to enroll in UMBC’s comprehensive international travel insurance and assistance policy, which provides coverage for medical and non-medical issues that may arise during travel.

UMBC’s Office of Research Protections and Compliance provides detailed information related to export control and considerations for international travel.

Sincerely,

David L. Di Maria, Vice Provost for Global Engagement