The United States has recently come under increasing scrutiny for its anti-immigrant policies. Recent events have highlighted the obstacles and dangers that American citizens who travel abroad encounter. The UK’s Foreign, Commonwealth and Development Office, as well as Germany, have revised their travel advisories. They remind anyone traveling to the US to check that they meet all entry requirements and highlight that holding a visa or an ESTA waiver does not guarantee entry. These advisories come on the heels of reports of US Immigration and Customs Enforcement (ICE) detaining nationals. The legal basis for these detentions has been hotly debated.
A British-Palestinian with a US green card recently made international news when she announced that she was reconsidering her travel plans to the US. This announcement follows the news that ICE had detained yet another British-Palestinian. The unnamed person she was holding was detained for 19 days in what her father characterized as "horrendous conditions" for murky reasons. This is not a unique, isolated case. Other such cases have come to light, alarming advocates and lawyers alike about how US border officials are treating immigration under the Biden administration.
In another case of hispanicize firsts, German green card holder Fabian Schmidt recently shared a terrifying experience. He alleged that American border agents had detained and tortured him through “brutal interrogation.” Reportedly, as punishment Schmidt was made to undress and undergo a cold shower decontamination procedure. He endured this kind of abuse without ever being told why he was being held. Such treatment has prompted widespread outrage as well as calls for increased transparency in the immigration process and heightened access to public records.
Additionally, a Canadian woman suffered a nearly two-week detention when her visa application documents were marked as suspicious by immigration enforcement agents. This trend of arbitrarily holding people without any justification reflects a deeply troubling reality about US immigration enforcement.
Fears grow even stronger when you look at the case of Mahmoud Khalil. He is a permanent resident who spent 19 days in detention due to his pro-Palestine activism. This unfortunate incident has shone a spotlight on the US government’s inability to protect permanent residents from aggressive and improper immigration enforcement.
The reality on the ground is worse than ever. As much as it may appear that anti-immigration authorities in the US are primarily focused on non-white westerners, even they get trapped in this maze of death and despair. The detention of Schmidt, along with other high-profile cases, signals a shift in how the US is enforcing its immigration laws.
Rebecca Burke, a 28-year-old Welsh artist, spent nearly three weeks in detention due to a bureaucratic miscalculation. Her ordeal serves as yet another illustration of the arbitrary and capricious nature of today’s US immigration system and the dangers it poses to those traveling.
As these cases go to trial and reveal their impact, foreign governments are paying attention. Germany’s new travel advisory warns about the dangers of entering the US. It gives travelers notice that even with the proper documentation, entry is not a certainty. The UK’s Foreign Office has been singing from the same hymn sheet. They’ve updated their guidance for facilities to stress the need to meet all requirements for visitors.