Rebecca Burke, a British backpacker, crossed from United States to Canada on February 26. Once on the other side of the border, the Canadians informed her that her visa was incorrect, as it was for tourists and she was going to work in the house where she was going to live. They ordered her to return to the United States to change her visa; Burke complied. And she was detained for 19 days, without charges, even though she had enough money to return to the United Kingdom.
Her case is not unique. On the contrary. Germans, French, Canadians, and citizens of other nationalities, often with their papers in order or with minor bureaucratic infractions - and in some cases, for unknown reasons - have been detained in the United States under conditions typical of convicted murderers, chained up in different detention centers - private prisons where prisoners are often in communal cages - since Donald Trump returned to the White House.
The result has been a collapse in visits to the United States. In total, the number of foreigners visiting the country has decreased by 18.4% compared to the same period in 2024, according to data from the country's authorities published by the Washington political website, Axios. But if you are one of those planning to visit the United States this Easter or in the coming months, make sure to follow these steps. Although they are not foolproof, they at least reduce the chances of being sent back to Spain or having to spend a few days - or weeks - sleeping on the floor of a cage, covered with a thermal aluminum foil blanket.
Burke's desperate - and involuntary - adventure has a very unsettling component: it is random. It can happen to anyone. Since Trump returned to power for the second time, the harshness of U.S. immigration authorities has multiplied to unimaginable extremes, even in a country where, initially, security forces enjoy an unimaginable degree of freedom compared to Europe. In addition, transit areas at customs and airports are considered de facto zones where the agent decides who enters and who leaves. The scene from the movie No Country for Old Men, which earned Javier Bardem an Oscar, where a border guard explains to Llewelyn Moss (Josh Brolin) that "I decide who enters the United States," is not just another Coen brothers' joke. It is reality.
To minimize the risk of going through Burke's ordeal, the first thing to do is to avoid her mistake. That means having everything perfectly in order when leaving your home country. If you are going to take classes for three weeks in the United States, find out if you need a student visa. And if you need a student visa, know if you need health insurance. It can be a travel insurance; there is no need to be ripped off by U.S. healthcare providers, next to whom Billy the Kid seemed like Mother Teresa of Calcutta. Under no circumstances attempt to sneak in with a tourist visa to work in the country. If caught, it will not be pleasant.
Even if the detention is brief and for a minor - real or imaginary - infraction, the experience will not be pleasant. The first thing done in the United States when someone is detained is to handcuff them and remove their belt and shoelaces; just in case they try to commit suicide with them. The ICE - the Immigration and Customs Enforcement - is anything but friendly, and is known to be a highly ideological organization close to the most ultranationalist wing of trumpism.
In the United States, furthermore, at points of entry into the country - by land, sea, and air - the Fourth Amendment of the Constitution, which prohibits detentions without a judicial order, as well as searches and examinations of private items without sufficient objective reason, does not apply. If you enter by car - something not recommended in the current context, especially if coming from Mexico - keep in mind that this amendment does not come into full effect until you have penetrated 160 kilometers (100 miles) into U.S. territory.
So, educate yourself about your visa, even though it is not easy. Nowadays, visas tend to be processed electronically, and all the information is on websites that often seem designed by sadists who do not want anyone to know what needs to be done to travel to their countries. It is always better to consult more than one source. And be clear that it does not matter what type of visa you have, they can deny you entry to the country or inspect all your personal belongings, even if you have the Green Card, the famous residence and work permit.
And remember Burke's case: if you are traveling from the United States to another country, also have the visa, stay conditions, etc., of that other trip sorted out. The Canadians sent the English globetrotter back to the United States for a mere bureaucratic procedure, not to be chained by the wrists, waist, and ankles as if she were Hannibal Lecter ready to devour someone.
A critical aspect is the passport. It must indicate "Male" or "Female." Since Trump's arrival at the White House, the United States only recognizes two genders. Any deviation can justify the person being returned to their home country. The Spanish passport only records gender at birth, so that potential danger does not exist. But Denmark and Finland have warned their citizens that, if they are going to the United States, make sure the passport reflects a binary gender.
Then there are the manners. U.S. security forces have, as mentioned before, a huge margin of action. Therefore, they must be treated with absolute respect. The idea that in the United States, if stopped by traffic police, you have to pull over and place your hands on the dashboard to make it clear that you are not carrying a gun and that the officer does not need to shoot first and ask questions later is not an urban legend. So be respectful. Think of your grandfather or great-grandfather, who had to deal with the Civil Guard in the 1930s and 1940s.
Have the name of the hotel or the address of the private residence where you will be staying memorized or written down. Know which cities you will be traveling to, which stores you want to visit, which museums or Broadway shows you plan to enjoy. If you end your sentences with a very respectful "sir" or, even better, "officer," you may disarm the guard. As Trump said in 2025 about Mexicans: "They are rapists, murderers, drug traffickers. And some, I assume, are good people." See if you can get into that last group.
Try to arrive in the United States on a flight from Europe, rather than from Latin America, Africa, or Asia. And enter by plane, not by car. The reason is that, as white as Spaniards may appear, on the other side of the Atlantic, our skin and hair color place us in one of these categories: Latino, Arab, and mixed leaning towards black. You choose your poison. None of these three races have a good reputation. They are more likely seen as, respectively, drug dealers, terrorists, or drug-addicted murderers. Being "white" there is very difficult. For over half a century, U.S. justice maintained racial discrimination as a legal practice based on 19th-century theories like the "one-drop rule," according to which anyone with "one drop of black blood" in their body was considered black. The Spanish racial mix makes it difficult to meet such a serious scientific criterion. Things are tense enough in Washington for ambassadors to go jogging in the morning with their passport in their tracksuit.
A useful tactic is to have a contact in the United States, preferably someone from that country or who has been living there for years, who knows how to act in case of customs issues. It's best to call them from the plane, upon landing, at that moment when everyone blatantly ignores the crew's requests not to use mobile phones. Inform them that you have arrived and will be going through customs. Do not wait to do this while in the customs line, as it is strictly prohibited there. Then, once you have cleared customs, call your contact again to let them know you are in the country.
This strategy requires one more step. After making the first call, turn off your mobile phone. It's better to have all devices turned off. Ideally, they should have drained batteries. However, as explained by an online security expert to EL MUNDO regarding measures to avoid customs surprises in the United States, the only foolproof solution against Trump is "not to bring a mobile phone."
U.S. authorities have the right to examine all electronic devices of non-U.S. citizens. Refusal to hand them over is punishable by being returned to the country of origin or even being banned from entering the country for five years. However, there seem to be detentions occurring for that reason now. That is completely illegal. But even if your family or acquaintances manage to prove your innocence, it is foreseeable that you will not appreciate the experience of spending two or three weeks - or two or three months - in immigrant detention centers - a euphemistic way of saying "jails" - literally living in cages with other inmates, wearing prisoner uniforms, eating from plastic plates without utensils, and being transported from prison to prison with more chains than a prisoner of war in the Roman Empire, often on bus journeys lasting hours through different states.
All this without knowing why you have been detained, when you will be released - if at all - or deported, or if you will end up in jail because your name is the same as a drug trafficker. All of that may sound exaggerated. But it has happened. So, do not be shy and let ICE confirm that you are addicted to OnlyFans.
If the devices have drained batteries, even with facial recognition, a code is required to turn them on. As a foreigner, you can refuse to provide the code, or say that you have forgotten it, hoping that the agents, who are quite unpredictable and very unprofessional, will get tired and let you through. Of course, for that same reason, you run the risk that the danger may be worse than the disease and they may target you. In any case, do not forget: if they want to, they will scrutinize every detail of your mobile phone. Emails, for example, are personal. But in a place where the Fourth Amendment, which limits searches of personal property, does not apply, what do those details matter?
Now, let's imagine that all of that has failed and the ICE agent is examining your computer, phone, and tablet. In anticipation of this, you may have done three things. The safest and most expensive option: buy new devices, so they have no equipment beyond the usual software. Another option: have software less than six months old, as ICE is not known for its technological updates.
The third option: delete all messaging apps, social networks, and even email. Disconnect from the cloud. Unless you are a true national threat, and the agents have enough internet-extracted information about you to charge you, it is almost impossible for them to start looking for that. The worst part is for you, to reinstall all those apps as soon as you leave the airport. Using the Private Space option on Android and privacy settings for iOS apps is not advisable if you are a foreigner.