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I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA

194 points proberts | 5 comments | 16 May 25 15:05 UTC | HN request time: 0.851s | source

I'll be here for the next 5-6 hours. As usual, there are countless topics given the rapidly changing immigration landscape and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases because I won't have access to all the facts. Please stick to a factual discussion in your questions and I'll try to do the same in my answers.

Edit: I am taking a break now and will return later this afternoon/evening to respond to any comments and answer any questions. Thank you everyone for a great and engaged AMA so far.

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miotintherain ◴[16 May 25 15:40 UTC] No.44006758[source]▶
Hi Peter, thanks for doing this AMA.

I am traveling to the US soon for work from Europe. I have been reading a lot of articles about detentions at US airports and phone checks. My mindset has always been to never give my personal phone for an inspection, but times has changed now and it has been happening a lot more frequently. I am wondering what is the best course of action, prior to travel and if asked to give your phone and password. Also, what happens if you refuse to do so? Is the worst case scenario that they will send you back to where you came from?

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1. proberts ◴[16 May 25 16:33 UTC] No.44007367[source]▶
The short answer is that CBP has the right to ask to see your electronic devices and you have the right to refuse but if you refuse (and you are not a U.S. green card holder or citizen), CBP likely will deny you admission and send you home.
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2. deadbabe ◴[16 May 25 17:26 UTC] No.44007904[source]▶
I had a friend who was asked to unlock her phone, and she did, and then… they did nothing. They watched her do it and moved on to the next question.

Seems like asking someone to do this is just a good test to see the kind of individual they’re dealing with. It’s not practical to thoroughly search phones at scale and plus they know people can just have burner phones anyway. If you’re cagey and combative they know you’re a problem.

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3. mrguyorama ◴[16 May 25 19:01 UTC] No.44008776[source]▶
It's CBP

It's not actually about any form of screening. It's a power trip. Only the dumbest criminal or terrorist would bring an incriminating device across the border and have any need to say "no" to that request.

Which, stopping dumb criminals and terrorists is important and valuable and they do exist, but nobody applied to work for CBP in order to check the phones of dumb criminals. They applied because they have strong opinions about certain things.

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4. deadbabe ◴[16 May 25 22:52 UTC] No.44010508{3}[source]▶
Still, if a dumb criminal or terrorist does slip past you, that just means you’re an even bigger idiot. So might as well ask people to unlock the phone.
5. ◴[16 May 25 23:11 UTC] No.44010626[source]▶