What Travel Advisors Should Know About Clients Vulnerable to Immigration Issues

Recent news stories highlight conflicting allegations of both international and domestic travelers being detained by U.S. Immigration and Customs Enforcement (ICE) personnel. Some individuals under detention have been deported without access to legal assistance or other aspects of due process guaranteed under the Fourth and Fifth Amendments to the U.S. Constitution.

The point of this article is not to debate the propriety of those actions, but to address the responsibilities of travel advisors who either have a client that may be vulnerable to such interdictions or is apprehended by ICE. It is important that travel advisors understand the risks their clients are facing now, and what they may safely do if a client is taken into custody while traveling.

Beginning with the situation in which you believe your client(s) may be vulnerable to apprehension either because of issues related to presence in the United States or other activities that make them vulnerable: This is obviously an extremely sensitive subject, and even mentioning it may lead the client to cease communication. There is no easy solution to that problem. However, if you decide to initiate a discussion of the subject, there are some things you need to know.

It is a legal truth that all persons, not only citizens, in the United States who are suspected of crimes must receive due process. It is also true that there are limits on the processes followed when persons suspected of criminal conduct are searched. The Fourth Amendment to the Constitution prohibits the federal government from conducting “unreasonable searches and seizures.” In general, this means police cannot search a person without a warrant or probable cause. It also applies to arrests and the collection of evidence.

These principles have many complexities and interpretations. Therefore, if you have a client whom you believe may be vulnerable to being singled out for search and possible detention, you may assist them within certain limits. If they are seriously concerned about being detained or deported, they should be advised to seek the advice of an immigration attorney.

The best help that a travel advisor can offer is to encourage proper preparation. Assuming you can engage the traveler in a discussion of their vulnerability to apprehension while traveling, you may advise the client to take certain precautions. These include:

• Have passport, Global Entry, and any other official travel documents up-to-date and readily accessible throughout the travel experience.
• Ensure the passport will not expire within six months.
• If the person is not a citizen and is in the United States on an officially approved basis, the traveler should have those documents in their possession at all times, not packed away.
• If the traveler’s immigration status is subject to issues, they should understand they are a potential target for interdiction and removal. If there are explanations for immigration issues, documents establishing the relevant facts should be kept with travel papers, understanding that ICE may not be deterred by pending proceedings.
• Travelers should have memorized contact information—phone numbers and email addresses—of family, employers, or others who may be able to vouch for them or seek legal assistance if they are apprehended, as belongings may be separated during detention.
• If traveling for purposes other than leisure, travelers should carry documents establishing the purpose of travel, such as conference invitations or registration confirmations, readily available—not packed in luggage.
• Vulnerable travelers should consider removing potentially compromising information from portable devices such as phones or computers.
• Prior travel to certain destinations has triggered law enforcement action in some cases.

The American Civil Liberties Union (ACLU) has detailed advice on its website for immigrants and others regarding their legal rights, appropriate actions when questioned, and other helpful tips. You should recommend that any vulnerable traveler read and understand that information. It may be useful for travelers to practice answering questions from ICE personnel with a friend or family member, as signs of nervousness or uncertainty may trigger unfortunate consequences.

None of these steps guarantees full protection. Some reports suggest that ICE may disregard any documents or circumstances it chooses to ignore. In those cases, it is doubly important that the traveler have someone to contact if permitted.

To be clear, I am not suggesting that you advise vulnerable persons not to travel. That is a decision each traveler must make for themselves in light of their situation. There are reported cases of U.S. citizens being detained, and these issues will ultimately be decided by the courts. Until then, many travelers will remain vulnerable to interdiction, arrests, and even deportation.