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

257 points proberts | 1 comments | 16 May 25 15:05 UTC | HN request time: 0s | 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. Tadpole9181 ◴[18 May 25 00:34 UTC] No.44018065{3}[source]▶
For most people, a phone contains:

1. An itemized list of every account they have and their passwords and any 2FA they've used.

2. Multiple forms of payment.

3. A photo gallery that, in many (if not most) cases, will have private content.

4. The contact information of everyone they know, who have not consented to having that information distributed.

I find the entire idea that it's acceptable for any barely-educated border agent having a power trip with no probable cause to demand this under the duress of rejection, repugnant.

Especially in a country where police officers are occasionally allowed to "have sex" with people they apprehend - it seems like there's nothing that actually stops a CBP agent from just stopping any attractive woman they happen to see and demanding their phone so they can find nudes.

Say no? Get deported, no legal recourse.