<div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>It's every traveller's worst fear.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>You arrive in a new country after a long flight, line up for hours and present your passport – only to be pulled aside by an </span><a href="https://www.9news.com.au/immigration" rel="" target="_blank" title="immigration"><span>immigration</span></a><span> officer.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>There have been multiple reports of Australian travellers being refused entry into the United States over seemingly frivolous reasons.</span></div></div><div><div id="adspot-mobile-medium"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE:</span></strong><span> </span><a href="https://www.9news.com.au/national/visas-australia-south-korean-family-in-melbourne-facing-deportation-over-document-error-plea-to-immigration-minister/fbe7e793-9a9f-4a63-a16a-ed0accae724e" rel="" target="_blank" title="Melbourne family risk being deported over small 'misunderstanding'"><strong><span>Melbourne family risk being deported over small 'misunderstanding'</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Some said they were asked to hand over their phone so officers can downloads its contents.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>One Norwegian man claimed he was denied because he had an unflattering meme of US Vice President JD Vance on his phone.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>An Australian writer, Alistair Kitchen, reported last month he was sent home after being interrogated about his blogging on political protests.</span></div></div><div><div class="OUTBRAIN" data-reactroot="" data-src="//www.9news.com.au/national/australians-travelling-to-the-us-immigration-lawyer-explains-rights-at-the-border/93d72716-4010-45a1-b2e4-564883d5f797" data-widget-id="AR_5"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He later claimed officials found "evidence of drug use" on his phone and he felt coerced into admitting he had tried drugs in the past.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The threat of being detained and sent back home now lingers for Australians hoping to holiday in the US.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>But are immigration officers really ramping up their efforts to stop Australians and other nationalities from entering the US under the Trump administration?</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Melbourne-based immigration lawyer Sherwin Noorian told </span><a href="https://www.9news.com.au/" rel="" target="_blank" title="9news.com.au"><span>9news.com.au</span></a><span> US officials are simply flexing a legal muscle that has always existed.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE:</span></strong><span> </span><a href="https://www.9news.com.au/national/indy-clinton-influencers-taking-a-stand-against-online-trolls-pursuing-legal-action-interview-content-creator-olivia-white/ee5b4149-5d6a-400f-a626-d1062b71c22f" target="_blank" title="'It's going to snowball': How Olivia unmasked her own anonymous troll"><strong><span>'It's going to snowball': How Olivia unmasked her own anonymous troll</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>But Noorian said travellers shouldn't feel coerced into admitting prior drug use or their political beliefs to an immigration officer.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"The  US has very strict controlled substances laws for non-citizens who are travelling to the US, so even admitting to using marijuana once in one's home country… they can use that against the traveller and deny them entry," Noorian explained.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"There's a bit of nuance to it and it may not legally stand up, but they can kind of do whatever they want at that point."</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Noorian's advice is to never "incriminate yourself" if you've never been convicted of anything.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He's also noticed an "anecdotal" rise in reported cases of travellers being detained and their phones confiscated.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><em><strong><span>Do you have a story? Contact</span></strong></em><span> </span><strong><em><span>reporter April Glover at</span></em></strong><span> </span><a href="mailto:april.glover@nine.com.au" target="" title="april.glover@nine.com.au"><em><strong><span>april.glover@nine.com.au</span></strong></em></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>It's always been done, but he posits the theory that immigration officers could now be using an "advanced computing system to scan the devices for anything they deem suspicious or of concern".</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He also said travellers do have a right to refuse a request to give up their phone, but warns this could result in automatic entry refusal.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"It's a condition of entry, so to speak, that you would hand over that device when asked," he added.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Noorian said he is aware of reports that travellers are being turned away at the border over phone content that is critical of the Trump administration, including memes or political posts.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He suspects travellers who have been granted an Electronic System for Travel Authorisation (ESTA) visa waiver may be flagged and interrogated at the border for a variety of reasons and sometimes it's not hard to find one that sticks.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"That could be used, especially if they're high-profile, as a reason to take someone aside to question them and give them a hard time," he said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"If they're those types of officers who, and not all of them are like this, but some would be looking for people who are against the administration or against what they deem to be the US interest, they would use that as a reason to question someone and begin that interview."</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>A meme alone wouldn't be enough to deny entry, Noorian said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"But through the course of that [interview], they would begin looking for what they can use to build a case to deny entry," he added.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE:</span></strong><span> </span><a href="https://www.9news.com.au/national/potential-superannuation-crisis-looming-sole-traders-entrepreneurs/f9b13126-16b9-47cc-a151-d43fa23b1844" rel="" target="_blank" title="Retirement crisis coming for millions of Australians"><strong><span>Retirement crisis coming for millions of Australians</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Noorian said the ESTA, which most Australians use to enter the US, does not guarantee entry.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The first time a traveller is genuinely assessed under an ESTA, he said, is once you land on US soil.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"For most people, they wait until they're in the country and then they say, 'OK, we're going to assess you for your eligibility to enter,'" he said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"I  think the Smartraveller advice on this is really quite accurate when they say, be aware that the US authorities have a high level of discretion for visa waiver entries. </span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"It means even more for an Australian traveller than someone coming from Canada or the UK."</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The current Smartraveller advice for Australians travelling to the US warns that "entry requirements are strict".</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"US authorities have broad powers to decide if you're eligible to enter and may determine that you are inadmissible for any reason under US law," the advice reads.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>All hope is not lost for a US holiday if you're denied entry under an ESTA, though.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Noorian said he's had cases of clients being refused entry but then able to enter the US through a visitor visa obtained via the US consulate.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"It's not a lifetime ban, they can reapply, but in this environment, it depends on the circumstances," he added.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"If they admitted to drug use, that could be a big problem.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"But it can be overcome. We've done that before."</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>US Homeland Security officials have disputed that a Norwegian tourist was denied entry due to a meme and said he was turned away for admitting to drug use.</span></div></div>