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A legal permanent resident has accused customs officials of torture upon his return from a trip abroad, while a doctor traveling on a work visa was denied entry despite a court order preventing her deportation. Additionally, two German tourists faced intense scrutiny at a port of entry before being transferred to immigration detention centers, where they remained for weeks.
During his presidency, Donald Trump made bold promises of mass deportations aimed at removing what he termed “criminal aliens” from the United States. However, as the Department of Homeland Security (DHS) broadens its scope, even legal immigrants are starting to find themselves targeted. The DHS’s extensive surveillance infrastructure effectively enables the tracking of individuals, allowing for potential arrests based on past minor infractions or social media activity.
These alarming cases, where individuals with valid travel documentation are subject to detention and sometimes harsh treatment, are becoming more frequent. This trend underscores the significant discretion that Customs and Border Protection (CBP) officers have in enforcing immigration laws, which can lead to traumatic experiences for noncitizens and shape their legal outcomes.
The Transformation of Minor Infractions into Serious Charges
Two incidents occurred within a short time frame at Logan International Airport in Boston, Massachusetts.
One case involves Fabian Schmidt, a green card holder returning from Luxembourg. He was reportedly subjected to “violent interrogation” by customs agents, as detailed by local media outlet WGBH. Schmidt’s partner, who waited for him at the airport for hours, was informed that “his green card was flagged.” Schmidt’s mother mentioned that prior arrests—dating back to a marijuana possession charge from 2015—may have raised red flags in the CBP’s databases.
Schmidt’s past DUI and the long-dropped marijuana charge were likely cited as factors leading to his detainment. Reports indicate that customs agents forced him into a series of humiliating conditions, including a cold shower, deprivation of food and medication, and sleep denial, as they pressured him to renounce his green card.
Since 2008, Schmidt has been a lawful permanent resident but is currently held in custody at an ICE facility in Rhode Island. In response to the allegations against them, CBP denied any wrongdoing and emphasized Schmidt’s previous infractions.
Authorities often utilize an extensive array of databases to assess travelers, examining any previous arrests or charges to determine the potential risk a person may present upon reentry. The systems in place risk turning relatively minor or outdated infractions into substantial barriers to reentry for noncitizens.
Deportation Following a Digital Search
In another case, Rasha Alawieh, a physician and assistant professor at Brown University on an H-1B visa traveling back from Lebanon, was detained for 36 hours at Boston’s airport. Despite a federal court order prohibiting her removal, CBP maintained that she had already been placed on a flight to Paris when the ruling was issued. They cited content found on her phone during a search, which included images of Hezbollah leaders as justification for denying her entry.
Alawieh explained that her possession of these images does not imply support for terrorism. The cases raise questions about the privacy of travelers and the extent to which CBP can examine personal devices at ports of entry. Amid rising tensions, the implications of such searches could have grave consequences for those with no criminal records.
The legal ramifications associated with device searches at border control highlight a growing trend of surveillance whereby customs officials may exploit digital information. If a traveler refuses a search, it can lead to visa complications, further complicating their legal standing.
Escalating Surveillance of Immigrants
The experiences of Alawieh and Schmidt reveal broader patterns of governmental overreach and scrutiny that are not isolated incidents but reflect systemic issues within the DHS’s enforcement practices. The melding of immigration processing and national security creates an environment where all noncitizens are subject to pervasive monitoring.
Travelers may be flagged for a variety of reasons, from past criminal charges to their country of origin. In a recent incident, a French scientist faced denial of entry after customs agents discovered messages on his devices that criticized the Trump administration’s policies. This highlights that even individuals without direct criminal histories may find themselves ensnared in the DHS’s comprehensive surveillance methods.
Moreover, software developments and policy changes enable the DHS to scrutinize vast amounts of data from visa applicants, alongside pending proposals to increase social media monitoring for immigration benefits. These emerging practices underscore the tightening grip of digital surveillance on noncitizens, raising critical questions about privacy rights and civil liberties.
In a digital age where technology plays a pivotal role in monitoring societal behavior, the convergence of immigration enforcement with national security has prompted significant concern about the implications for immigrant communities and the future of privacy in America.
Source
www.theverge.com