Since President Donald Trump took office in January, civil liberties have faced significant threats. The Trump administration’s focus has primarily been on marginalized groups like immigrants, tourists, and foreign activists, since US laws do not extend the same protections to them as they do to American citizens.
Many immigrants and tourists have experienced prolonged detentions at the border. Some have even been held because of critical social media posts about Trump. This raises a crucial question: what should individuals know before interacting with US immigration officials?
Border Crossings
Crossing into the US represents a particularly vulnerable spot for those affected by Trump’s policies.
In March, US Customs and Border Protection (CBP) detained Rasha Alawieh, a Lebanese doctor and Brown University assistant professor, while she tried to re-enter the US. She was later deported after agents reportedly found images linked to Hezbollah on her phone, although no evidence of her association with the group was presented. She attempted to clarify her stance against them before being sent back to Lebanon.
Tom Bowman, policy counsel at the Center for Democracy and Technology (CDT), notes that crossing the US border poses unique privacy risks, as Customs and Border Protection holds more authority to conduct searches than typical law enforcement. They can examine individuals’ electronic devices “without a warrant or probable cause,” he explains.
“Citizens cannot be denied entry for refusing to unlock their phones. While the phone might be seized, entry cannot be denied,” states Bill Budington, a senior staff technologist at the Electronic Frontier Foundation (EFF). “However, if one is at risk of deportation, it may be wise to comply with requests from border officials while still minimizing the data they’re carrying.”
“Some travelers choose to limit the data they bring across the border,” says Bowman. “This could mean using a travel-only device, saving important information in the cloud and logging out of all accounts, or completely removing sensitive apps and files. Others prefer to shut down devices entirely before reaching the border, relying on full-disk encryption for security.”
Additionally, ICE has been focusing on student activists who support Palestine, often monitoring social media to target them.
In March, Immigration and Customs Enforcement (ICE) apprehended Badar Khan Suri, a postdoctoral fellow at Georgetown University, after he attended a Ramadan iftar. ICE accused him, a student visa holder from India, of “spreading Hamas propaganda and promoting antisemitism online,” which his legal team has strongly denied.
Just two days prior, US Citizenship and Immigration Services announced plans to scrutinize social media accounts of those applying for permanent residency and non-citizens tied to educational institutions for potential “antisemitic activity.”
Repercussions for Protesting
Although the Trump administration has yet to invoke the Insurrection Act, it is disciplining individuals for protesting—primarily targeting non-citizens at this stage.
The administration has been actively trying to deport Mahmoud Khalil, a student activist at Columbia University involved in pro-Palestinian demonstrations, among other similar cases.
“People should be very worried,” says Daniel Solove, a professor of intellectual property and technology law at George Washington University. “We’re in a surveillance society where the government employs facial recognition and AI to systematically monitor and identify protesters. The government is already taking action against demonstrators.”
Momodou Taal, a Cornell University student and activist, had his student visa revoked and opted to leave the US to evade deportation. Yunseo Chung, another activist from Columbia and a legal permanent resident who came from South Korea at age 7, has also faced action from ICE.
Federal agents may utilize video surveillance, social media tracking, facial recognition, or geolocation data to identify protest participants, according to Bowman. He warns that those documenting protests through photos and videos might inadvertently reveal their presence at a demonstration, hence it’s vital to be cautious with device usage.
“One simple precaution is to switch your phone to airplane mode before attending a protest. This will prevent your data from being transmitted in real-time,” Budington advises. “You can still use offline maps for navigation. Both Google Maps and Apple Maps offer this feature.”
Protesters can also use encrypted messaging apps like Signal for communication during protests. Some might suggest leaving phones at home; however, keeping them handy could be important for emergencies or documenting any wrongdoings by law enforcement.
While it’s nearly impossible to be free from all government monitoring and keep data completely secure all the time, individuals crossing borders or participating in protests can take measures to decrease the chances of being targeted by authorities.
Awareness of privacy rights is growing among Americans, and many are seeking ways to safeguard themselves. Budington notes an increase in concern for privacy compared to five or ten years ago.
“The government has vast collections of personal data and often misuses them. It employs numerous surveillance technologies,” Solove states. “We are currently facing a constitutional crisis. This administration seems determined to push boundaries until they are checked.”
