GMS Flash Alert 2025-063

United States – Enhanced Screening of Travelers to U.S. and Anticipated Travel Ban

GMS Flash Alert 2025-063 | March 31, 2025

Recent reports indicate that entry into the United States (U.S.) has become increasingly challenging, even for lawful U.S. Permanent Residents, individuals with a valid U.S. visa, and foreign nationals approved for Electronic System Travel Authorization.  More specifically, multiple travelers have been detained in U.S. facilities for an extended period before eventually being given an option to return to their home country.1

In addition, there are reports of more travelers having their electronic devices searched by U.S. Customs and Border Protection (CBP) as part of the screening process.2  Social media activity has allegedly been reviewed as part of some electronic device searches.3  Although CBP’s position that it has the right to search electronic devices is not new4, the recent increase in the number and scope of CBP searches is likely driven by President Trump’s Executive Order signed on January 20, 2025 and titled “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats”5.  The Executive Order directs federal agencies to implement enhanced vetting and screening for foreign nationals seeking entry to the United States.6

The same Executive Order also references a potential travel ban affecting “countries throughout the world for which vetting and screening information is so deficient as to warrant a partial or full suspension on the admission of nationals from those countries pursuant to section 212(f) of the INA (8 U.S.C. 1182(f))”.7  Per the Executive Order, it is expected that the current U.S. administration will announce the countries subject to a partial or full suspension on admission shortly.8

WHY THIS MATTERS

CBP officers have broad discretion to deny any non-U.S. citizen entry to the U.S. Furthermore, the agency maintains that it has authority to inspect electronic devices as part of the screening process, and the content of electronic devices may be a basis for refusing admission.

Any issues that arise during an employee's travel can have significant, long-term repercussions for both the individual and for the employer, this includes the inability of globally-mobile employees to successfully conduct cross-border business.  A denied U.S. entry can adversely impact the individual business traveler’s future admissibility to the U.S. and his or her employer’s reputation.  B-1 Business visitors to the U.S. are currently at greater risk of being denied entry due to heightened scrutiny.

A travel ban will impact U.S. employers by making it more difficult to hire and potentially retain foreign workers from countries deemed to have deficient vetting and screening information.

More Details

On March 15, 2025, Britain’s foreign office published the following warning to its citizens traveling to the U.S.: “You should comply with all entry, visa and other conditions of entry.  The authorities in the U.S. set and enforce entry rules strictly. You may be liable to arrest or detention if you break the rules”.9  Germany’s Federal Foreign Office updated its website last week to advise travelers that even having a valid permit or U.S. visa doesn’t guarantee the right to enter the country and, if refused, “there is no legal recourse against this decision.”10

In terms of the Executive Order also referencing a potential travel ban, it is expected that the current U.S. administration will soon announce the countries subject to a partial or full suspension on admission, as the 60-day period that the Secretary of State, Attorney General, Secretary of Homeland Security, and Director of National Intelligence had to provide a report to the President expired last week.11

On March 15, 2025, media outlets published a list of 41 potentially ban countries divided into three groups, with varying degrees of restriction associated with each group.12  The list was allegedly derived from a leaked Department of State memo.13  

KPMG LAW LLP INSIGHTS

It is prudent for U.S. employers to educate their foreign national employee population about enhanced vetting and screening at U.S. border points, as well the increased likelihood of electronic device search.  With respect to electronic device search, travelers should bear the following recommendations in mind:

  • Reduce the number of electronic devices brought into the United States.
  • Consider the data stored on each electronic device brought to the U.S., particularly confidential, privileged, or proprietary information.  No information, data, or files should be stored on a device that a traveler would not be comfortable sharing with a U.S. government representative.
  • Be mindful of what is posted on social media accounts.
  • Remember that Trash, Recycle Bin, and deleted folders can still be accessed by U.S. government officials during an electronic device search.
  • A traveler is not legally required to hand over his/her electronic device(s) or password(s) to CBP when asked, but the traveler might be denied admission to the U.S. if he/she does not.  Travelers not comfortable relinquishing their electronic device(s) or password(s) to CBP should be prepared to withdraw their application for admission if subject to an electronic device search.

Given the current U.S. immigration landscape, it is advisable for all non-U.S. citizens to review the activities that they intend to engage in while in the U.S. and ascertain that they align with the immigration category under which they are seeking admission.

It is strongly recommended that every business visitor consult with legal counsel before seeking admission to the U.S., as the B-1 category of admission is generally subject to even greater scrutiny than other categories. The recommendation to consult with legal counsel before travel applies even to those business visitors who have never previously had issues entering the U.S., as prior entry in no way guarantees future admission to the United States.

KPMG Law LLP in Canada is tracking this matter closely.  We will endeavor to keep readers of GMS Flash Alert posted on any important developments as and when they occur.

FOOTNOTES:

1  K. Wong, USA Today, "US citizens getting pulled aside: Travelers fear scrutiny at the border is rising" published in The Patriot Ledger (online) (March 27, 2025) at: https://www.patriotledger.com/story/news/nation-world/2025/03/27/american-travelers-us-borders/82688590007/ . 

J. Kim, "What green-card and visa holders should know before traveling abroad," NPR, (March 29, 2025) at: https://www.npr.org/2025/03/29/nx-s1-5343493/green-card-holders-rights-visa-detained-cbp .

R. Tait, "US tourism industry faces drop-off as immigration agenda deters travellers," The Guardian (online)  (22 March 2025) at: https://www.theguardian.com/us-news/2025/mar/22/tourism-trump-immigration-arrests .

Please note that by clicking on these links, you are leaving the KPMG website for an external (non-KPMG, non-governmental) site, that KPMG is not affiliated with nor does KPMG endorse its content. The use of the external site and its content may be subject to the terms of use and/or privacy policies of its owner or operator.

2  M. Torres, Does Border Patrol Have the Right to Go Through Your Phone? Here Are the Alarming Facts," HuffPost.com (March 25, 2025) at: https://www.huffpost.com/entry/us-travel-rights-customs-border-phone-search_l_67ddc0c6e4b01b30cdda5f3a .  Please note that by clicking on this link, you are leaving the KPMG website for an external (non-KPMG, non-governmental) site, that KPMG is not affiliated with nor does KPMG endorse its content. The use of the external site and its content may be subject to the terms of use and/or privacy policies of its owner or operator.

3  K. Wong, "Yes, border control can go through your phone. Here's what travelers should know," USA Today (online) (March 21, 2025) at: https://www.usatoday.com/story/travel/news/2025/03/21/border-control-phone-search/82594653007/ .  Please note that by clicking on this link, you are leaving the KPMG website for an external (non-KPMG, non-governmental) site, that KPMG is not affiliated with nor does KPMG endorse its content. The use of the external site and its content may be subject to the terms of use and/or privacy policies of its owner or operator.

4  U.S. Customs and Border Protection, "Border Search of Electronic Devices at Ports of Entry." 

5  The White House, "Protecting The United States From Foreign Terrorists And Other National Security And Public Safety Threats" (January 20, 2025).

6  Ibid.

7  Ibid.

8  Ibid. 

9  A. McShane, "Britain beefs up travel advice with added warning over US border enforcement," LBC (20 March 2025) at: https://www.lbc.co.uk/news/uk/britain-us-travel-warning-foreign-office-advice-updated/#:~:text=The%20updated%20advice%20warns%20Brits%20that%20anyone%20found,all%20entry%2C%20visa%20and%20other%20conditions%20of%20entry .  Please note that by clicking on this link, you are leaving the KPMG website for an external (non-KPMG, non-governmental) site, that KPMG is not affiliated with nor does KPMG endorse its content. The use of the external site and its content may be subject to the terms of use and/or privacy policies of its owner or operator.

10  M. Papenfuss, "Germany and Britain issue warnings about traveling to America," The Independent (online) (24 March 2025) at: https://www.independent.co.uk/travel/news-and-advice/germany-uk-foreign-office-travel-warnings-america-b2720381.html .  Also see, G. Blackburn and T. Paternoster, "Germany tightens travel advice to US after three citizens detained." EuroNews.com (19/03/2025) at: https://www.euronews.com/my-europe/2025/03/19/germany-tightens-travel-advice-to-us-after-three-citizens-detained .  And (in German) See "Auswärtiges Amt verschärft Reisehinweise für die USA," Der Spiegel (20.03.2025) at: https://www.spiegel.de/politik/usa-einreise-auswaertiges-amt-verschaerft-reisehinweise-fuer-die-vereinigten-staaten-a-54ec92a8-35ea-403a-9d08-72a010441475 .  Please note that by clicking on these links, you are leaving the KPMG website for an external (non-KPMG, non-governmental) site, that KPMG is not affiliated with nor does KPMG endorse its content. The use of the external site and its content may be subject to the terms of use and/or privacy policies of its owner or operator.

11  The White House, "Protecting The United States From Foreign Terrorists And Other National Security And Public Safety Threats" (January 20, 2025).

12  E. Helmore, "Trump administration mulling new travel restrictions on citizens from dozens of countries," The Guardian (online) (15 March 2025) at: https://www.theguardian.com/us-news/2025/mar/15/trump-administration-travel-restrictions .  Please note that by clicking on this link, you are leaving the KPMG website for an external (non-KPMG, non-governmental) site, that KPMG is not affiliated with nor does KPMG endorse its content. The use of the external site and its content may be subject to the terms of use and/or privacy policies of its owner or operator.

13  Ibid.  

 

 

 

Contacts

laura-wong
Laura Wong

Manager, U.S. Immigration

KPMG in Canada

Elizabeth Nanton
Elizabeth Nanton

Partner and U.S. Immigration Practice Leader, KPMG Law LLP

KPMG in Canada

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* Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.

The information contained in this newsletter was submitted by the KPMG International member firm in Canada.

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