Headlines about challenging, often traumatic experiences for foreigners trying to enter the United States since Donald Trump became president on 20 January are appearing almost daily.

Reported incidents include: an Australian detained and deported on returning to the US after a short trip home, despite holding a valid work visa; a French academic denied entry because his phone contained social messages criticising the Trump administration’s research policy; a Costa Rican Nobel Peace Prize winner having his visa cancelled; and European Commission officials being equipped with 'burner' phones and scrubbed laptops to avoid sensitive information being extracted.

Small wonder then that “in light of their duty of care responsibility our members are sounding the alarm over the real and perceived risks their employees face when travelling to the United States,” says Patrick W. Diemer, chairperson of BT4Europe, the network of European business travel associations.

Among the risks BT4E points to are “the unpredictability of US entry procedures … deportation or detention, [and] heightened scrutiny of dual nationals, members of the LGBTQ+ community and those who have voiced political opinions on social media.”

Certainly, a “higher level of vetting and verification has resulted in a higher number of denials of entry and in some cases detention,” says Mike Rogers, chief security analyst for travel medical and security services company International SOS.

“We have clients who have had their travellers turned away and forced to return to their home countries. We have had others brought in for secondary questioning when they have travelled to the US without incident for many years. We even have clients who have had some of their staff barred for entry long-term as a result of their interaction at the port of entry,” says Rogers.

Related: International SOS issues US travel warning

Yet Diemer’s phrase “real and perceived risks” is a telling one, because distinguishing fact from fears is challenging in an environment where officals can refuse entry summarily and without reason. So what has actually changed?

“None of the regulations with relation to cross-border [movements] have changed, but what they are doing is working to the letter of the law,” says Samantha McKnight, senior vice president client solutions for visa and immigration specialist CIBT.

Stricter enforcement appears to stem from an Executive Order “protecting the United States from foreign terrorists and other national and public security threats” signed by President Trump on the day he started his second term. The order seeks to “ensure that all aliens seeking admission to the United States, or who are already in the United States, are vetted and screened to the maximum degree possible.”

In all the recent cases of denied entry reported to International SOS, “it appears there was some infraction in their current travel or in a past visit to the United States with respect to the stipulations of a visa,” says Rogers.

Recommendations for travel managers

Mandate US-bound reservations through authorised channels
It is much harder to support travellers who book independently and then encounter trouble at the US border. “Rein in rogue travellers,” says Diversity Travel general manager for North America, DeAnne Dale. “Mandate to the point that ‘if you book outside the designated travel management company we’re not reimbursing you for that ticket’.”

Anticipate problems
“We are telling clients to consider additional scrutiny of folks they send to the US to make sure they have been compliant with the stipulations of their visa not only on this current trip but also on past visits,” says Rogers. In particular, warn employees that any kind of criminal record, no matter how old or minor, may well result in pre-travel rejection or deportation on arrival.

Allow plenty of prep time
ESTA and visa applications are taking longer and have become more complicated, which also increases the potential for misstatements, leading in turn to higher risk of denied entry not only on this trip but subsequent ones too. With regards to ESTAs, “your declaration needs to match the travel plans that you have,” says McIndoe. Security officials “have your itinerary,” he adds. “If you present an ESTA that doesn't match, that's one of the biggest triggers to secondary [interrogation].”

Organise emergency assistance
Give travellers a contact list in case of trouble at the border. Support could include your in-house travel team, travel management company, risk management provider or embassy, but it is also now recommended to engage an immigration law firm on standby. Check insurance policies, including cover for legal assistance in the event of detention or deportation.

Brief travellers
“Travel managers have to prepare their travellers with detailed briefings and ensure they know their rights in case something does happen,” says Dale.

Get your documentation ready at the border
In addition to a visa (if needed), travellers should be ready to produce their ticket or other proof of return travel, evidence of where they are staying in the USA and, ideally, a letter from their employer stating their business in the country. “Have hard and phone copies of your passport,” says Dale.

Be patient and clear with officials
“Immigration lines will be much longer. If you have a lot of stamps in your passport, you could face scrutiny for a long time,” says Dale. McKnight adds: “Whether you have an ESTA, a B-1 business visa or a green card, you still need to explain why you are travelling, and have to hand all your information. You are not exempt from questioning by Customs and Border Protection. They will ask as many questions as they like and if you are defensive about it they will probably ask you more.”

VDR also advises speakers of English as a foreign language to take care with their vocabulary at border interrogations. Examples include saying “I’m here for business” instead of “I’m coming to work”, and “I’m staying at XX hotel” instead of “I’m living at XX hotel”.

Review IT devices
“Consultation with IT and data protection officers is recommended before travel if, for example, sensitive data is stored on a company laptop,” says VDR.

Support trans/non-binary employees
The US government no longer treats passports with an X gender designation equally and only isssues visas with a male or female sex marker consistent with designated sex at birth on visa applications.

“We are hearing that many people feel it is unsafe to travel into the US, even on a short trip,” says Emma Cusdin, director of Global Butterflies, an organisation that engages with the business sector about the trans and non-binary community.

“My advice for travel managers is to speak to non-binary travellers – do they want to go? Is there an alternative to them going? – plan for the worst, and have a robust mitigation plan. Personally, I would not travel now to the US as the risk is too high.”

Monitor the situation closely
The situation is changing rapidly. Work with your TMC, risk consultancy or other trusted information provider.

Source: BTN Europe