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

257 points proberts | 2 comments | 16 May 25 15:05 UTC | HN request time: 0.426s | 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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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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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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1. Propelloni ◴[17 May 25 10:24 UTC] No.44013316[source]▶
An acquaintance used to work airport security and he told me they asked to unlock/power up etc. electronic devices such as phones, laptops or SLR to check if they are real electronic devices. Apparently they were -- maybe are -- afraid of EDs that looked like electronics on the scanners.

Not completely groundless, even if I could think of more than one way to construct a device, e.g. laptop, that boots up and still explodes, but hey.

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2. AStonesThrow ◴[17 May 25 10:46 UTC] No.44013371[source]▶
Perhaps EDs are a concern, but mostly what terrorists actually use phones for is remote detonation. A feature phone is the ideal sort of radio transmitter, modified or not, to send a remote command to detonate explosives. If security is really scrutinizing carry-on luggage, then perhaps the strategy moves to placing a bomb in checked baggage, and carrying only the trigger through the checkpoint.

So if you force someone to turn on their phone or laptop at security, you will hopefully force the decision point; even if the inspector cannot tell the difference, a terrorist is going to get real nervous and jumpy around activating the thing they intend to use as a detonator, in contrast to some businessdude activating his very ordinary mobile device.