I'm also wondering how you are supposed to declare something like this. They don't pass out those customs forms on flights from Europe anymore, you just go through immigration and the officer asks whatever questions they feel like. In my case the only question was "did you buy anything".
> Then, as she headed toward the baggage claim, a Border Patrol officer approached her and asked to search her suitcase.
I'm sure there is something she was supposed to do if her lawyer is acknowledging she violated some regulation, I just have no idea what it would be.
We've whipsawed so far away from any norms that the majority "normal" people in the center are just left stunned at how we got here. And the ones who voted for this shitshow are fed a constant diet of lies and propaganda to keep them in line - things get bad? Refill the rage canister by rolling out Kristi Noem with some more made-for-insta reels in front of the "bad" people locked up in CECOT.
[0] https://www.reuters.com/world/us/us-sidelines-doj-lawyer-aft... [1] https://www.supremecourt.gov/opinions/24pdf/24a949_lkhn.pdf
If it's done on paper, this is done at the passport check, before you've picked up your checked luggage, and well before picking a customs lane.
I've certainly been randomly chosen for a screening, and when that happened, a customs agent went up to me (deliberately) shortly after I got my luggage. I forget why, but they have flags for suspicious behavior. I think it might have been because I came back with one more bag than I left with, or some intermediate destination.
There are also, in some airports, customs dogs sniffing things between luggage pickup and customs who can also flag for screens.
So none of this sounds too unusual to me, except for the final step: being shipped off to a detention center. I've never brought in anything improper, but I know people who came to the US with illicit food. The outcome was:
1) A rather serious fine
2) Being screened literally every time they passed into the US
The second was more obnoxious. Every time they came into the US for at least the next half-decade, customs would unpack their bags.
They say they do: “Messages on her phone revealed she planned to smuggle the materials through customs without declaring them. She knowingly broke the law and took deliberate steps to evade it.”
> The article left me with a couple questions - is cancelling a visa for not declaring something like frog embryos normal protocol?
A visa like J-1 can be cancelled at the port of entry for a variety of reasons. Doesn't mean she immediately loses her status. With a visa like that you're essentially at the mercy of the State Dept. You can still reply but you have to exit the US. The normal procedure would have been to immediately send her to Russia. The idea is, you go back to your home country and re-apply. But they didn't do that and "let her" stay in detention since Russia is a dangerous place for her.
> So none of this sounds too unusual to me, except for the final step: being shipped off to a detention center.
It's because her J-1 visa was cancelled. I am not sure if that was warranted or how threatening frog embryos are, so can't judge there. But if the J-1 visa is cancelled, the person usually has to exit the US and re-apply. She didn't necessarily lose her status as a J-1 student, but she may need a new visa. So the procedure here would have been to put her on a plane to Russia. However they asked her if it would be dangerous for her to be there, and it is, so she got sent to a detention center instead.
I'd note that these are the same folks asserting people with no criminal records are convicted criminals.
https://www.npr.org/2025/02/04/nx-s1-5282379/trumps-mass-dep...
"In a press briefing last week, White House Press Secretary Karoline Leavitt was asked how many people arrested had a criminal record. She said, 'All of them, because they illegally broke our nation's laws, and, therefore, they are criminals, as far as this administration goes.' But Carlos came to the U.S. through a legal pathway, although the CBP One app he used was shut down by Trump as soon as he took office."
Oh of course, 100%
However when it comes to visa cancellations, from what I understand one is at the mercy of the port of entry officials. Any re-entry with that kind of a visa can trigger a review and the visa may be cancelled for a variety of reasons, not all criminal or proven criminal. I am not saying that's bad or good, it's just how the system works.
The next step is the person usually has to exit the US and re-apply for a visa. So procedurally she should have been put on a plane to Russia. But knowing what Russia looks like they asked her if she should be threatened there so she ended up in a detention center instead.
Like I mentioned in another comment, this was huge mistake from her employee to 1) send her any where, re-entries with these visas should be minimized, especially these days 2) asked her to bring any embryos or any such things.
Sounds suspiciously like "arrested for resisting arrest". Of course the actual meaning of the question is clearly "other than immigration law itself".
Requiring one to return home to reapply also never made any sense for student visas, at least when it comes to graduate level research. Academics at state funded institutions who are paid off of government grants aren't generally people you need to worry about sticking around if their visa is denied. Neither is it clear why you would ever want to deny a visa to such a person to begin with.
Agree. However, this kind of visa is not necessarily for highly skilled professionals, it can be for general cultural exchange, even for au pairs. They have to be "sponsored" by someone. As such, it can also be a vehicle to get people in the country and overstay the visa, I know someone who did that. Then, once it's cancelled, the general rule is you can't enter into the country. To a port of entry person a J-1 for a nanny for a rich family is just as good as J-1 for a Harvard researcher. Except the Harvard researcher now did break some rule so is in a much worse position.
> at least when it comes to graduate level research.
Most definitely. There should be someone looking here and saying maybe these should different visa types and the requirement to leave sounds excessive. It shouldn't be the default, I think. Maybe with the most visible cases like these, there is more of a chance to change the rules.
> Neither is it clear why you would ever want to deny a visa to such a person to begin with.
They broke a rule or law and seemingly tried to hide it. At that point I guess it depends on the mood of the person at the port of entry. It shouldn't be like that but it is. There is no general right to have a visa or some way to compel the US government to give you one. A lawyer through a court could make a case here. But in general you can't show up and say "You owe me a J-1 visa" or "you'll un-cancel the previous one".
I don't think she was "arrested" to "pay for her crimes" so to speak. As in "ok, she was in jail for 10 days, now she learned her lesson and she gets the J-1 visa uncanceled". It's a bit of a different mechanism - the default action here is to be sent to Russia. She chose to stay here instead, even if it meant being in detention. I may be wrong, but I think she can always say "I am going back to Russia" and they'll let her.