Know Your Rights | What to Know When Traveling Internationally

Stop AAPI Hate is not a legal services organization, and nothing in this document should be construed as legal advice. The information provided here is for informational purposes only. If you have specific questions about the immigration risks you or your family may face, please consult a qualified immigration attorney. To find immigration legal resources near you, check out the National Immigration Legal Services Directory.

This blog post was last updated on December 19,  2025.

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Is there a new travel ban?

Yes. On June 4, 2025, the Trump administration announced the revival of his notorious “Muslim Ban” — suspending travel from 12 African, Asian, and Middle Eastern countries and several restricting travel from 7 others.* Then, on December 16, 2025, the Trump administration expanded the ban” — suspending travel from 19 African, Asian, Middle Eastern, and Pacific Island nations, and severely restricting travel from 20 others. 

*The June 2025 travel ban applies full bans on 12 countries (Afghanistan, Burma (Myanmar), Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen) and partial bans on 7 countries (Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, Venezuela).

The December 2025 ban goes into effect on January 1, 2026 and is expected to keep countless U.S. citizens and green card holders from reuniting with their families and loved ones. It will also impact millions with pending applications to work, study, or access medical care. To learn more about the new travel ban, please check out this resource from the International Refugee Assistance Project.

What countries are affected by this travel ban? 

In total, the December 2025 ban will restrict travel from 39 countries.   

• 19 countries will be subjected to a complete travel ban across visa categories. This includes Afghanistan, Burkina Faso, Burma (Myanmar), Chad, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Republic of the Congo, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen.  
  • Anyone traveling with documents issued or endorsed by the Palestinian Authority, will also be subjected to a full ban. 
  • Laos and Sierra Leone have been subjected to a partial ban since June 2025 and will now face a full travel ban.

• 19 countries will be subjected to a partial travel ban that affects all immigrant visa categories and certain temporary categories (e.g., tourism and business travel visas, student visas, and exchange visitor visas). This includes Angola, Antigua and Barbuda, Benin, Burundi, Cote d’Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Venezuela, Zambia, and Zimbabwe.
  • The current ban also lifts restrictions on non-immigrant visas from Turkmenistan (e.g., business travel and student visas) but leaves restrictions on immigrant visas in place.

Please note: the June 2025 travel ban is in effect from June 9, 2025 through December 31, 2025.* The updated travel ban described above goes into effect on January 1, 2026 at 12:01 AM eastern standard time. The December 2025 travel ban does not apply to people with a pre-existing visa issued before January 1, 2026 or are within the U.S. on January 1, 2026. 

*The June 2025 travel ban does not apply to people with a pre-existing visa issued before June 9, 2025 or were within the U.S. on June 9, 2025.

What else has changed? 

The ban will impact an even broader selection of people than the previous iteration, and removes exceptions for: 

• People from Afghanistan traveling on special visas issued to people determined to have worked for the U.S. government during the U.S.-Afghanistan war. 

• Immediate relatives (e.g., spouse, child, parent) of U.S. citizens.

• Children traveling to the U.S. for adoption by U.S. citizens. 

Are there any exceptions? 

Yes, the travel ban includes various exemptions for certain people and immigration categories. If your situation falls into one or more of the following conditions, then Trump’s travel ban will not affect your current status and/or your application process. 

• Lawful permanent residents (i.e., green card holders).  

• People with dual citizenship and who are traveling with a passport of a country not affected by the travel ban.

• People who have been granted asylum, refugee status, or protection from removal under the Convention Against Torture.
  • Please note: The executive order itself confirms that no one will lose their right to apply for asylum, refugee status, or temporary protection because of the travel ban. However, because of the uncertainty caused by the ban, many people may be denied the ability to seek refuge in the United States.

• People traveling on certain diplomatic visas.
  • This includes diplomats (on A visas), UN officials and employees of international organizations (on C and G visas), and NATO officials.  

• Athletes and coaches traveling for the World Cup, the Olympics, or other major sporting events determined by the Secretary of State.
  • The immediate relatives of coaches and athletes will be exempted from travel restrictions, but the vast majority of people from affected countries will not have the chance to travel to the U.S. to attend the 2026 FIFA World Cup or the 2028 Summer Olympics. 

• People traveling on immigrant visas for ethnic and religious minorities facing persecution in Iran. 

The executive order also exempts individuals, on a case-by-case basis, whose presence is deemed “in the national interest.” However, the term “national interest” remains undefined, leaving it up to the State Department and Department of Justice to decide who qualifies for this exemption.

Should I cancel my international trip if I am not a U.S. citizen?

All non U.S. citizens should plan carefully for international travel and be aware of the possibility of sudden changes in travel policies and screening procedures. 

You should reconsider travel if:

• You’re a citizen or national of a country targeted under the current travel ban or Trump’s original travel ban.
• You’re traveling to, transiting through, or have recently traveled to one of these countries.
• You have any criminal history (including low-level arrests or citations, even if charges were dropped or records expunged).
• You’ve participated in protests, posted photos of protests, posted political content online, made political statements on social media, or publicly criticized U.S. policies.
• You face an active deportation order or know you are at risk of an administrative warrant. 
  • Even those with a form of immigration relief or discretionary status (e.g., DACA or TPS) should take caution.

Why should I be concerned? 

Trump’s updated travel ban directs authorities to screen foreign nationals to the “maximum extent possible,” targeting individuals who express what the government considers threats to “[U.S.] culture, government, institutions, or founding principles” or who are perceived to “advocate for, aid, or support designated foreign terrorists or other threats to our national security.”

However, in recent years, immigration authorities have trained their focus on non-citizens who are perceived to hold views at odds with the current administration, including pro-Palestine views. This surveillance and targeting has been directed at people with student visas or green cards and a disproportionate number of Muslim, Chinese, and Indian travelers.

What if none of this applies to me? 

If you possess a valid U.S. non-immigrant visa (e.g., work, student, or tourism visas) and you have no ties to fully or partially banned  countries, the risks associated with international travel are indeed lower. 

❗Even so, everyone — regardless of immigration status — should be prepared to encounter more intense screening by the U.S. Customs and Border Protection Agency (CBP) when entering the U.S.

While Trump’s executive order doesn’t specify which screening tactics can or will be used, it does signal a return to the same approach of  “heightened screening and vetting” put in place during the first Trump administration.  

This authorizes Customs and Border Patrol (CBP) officers to conduct rigorous and sometimes invasive searches of foreign nationals.

What kind of screening can I expect when entering the U.S.?

Generally, CBP has the power to stop you at the airport or border to determine whether or not you’re authorized to enter the U.S. They may also search your belongings for contraband. This applies to U.S. citizens and noncitizens alike.

All travelers can expect to answer questions establishing their identity, immigration status, and the nature and purpose of their travel. But your rights to refuse to answer questions vary depending on whether you are a citizen, lawful permanent resident, or foreign national.

• If you’re a U.S. citizen or a lawful permanent resident (aka green card holder), you only have to answer questions establishing your identity and permanent residency but refusal to answer questions will likely cause delay and further inspection.
• If you’re a foreign national with a valid immigration visa or other permission to enter the U.S. you can expect more probing questions to determine whether you are in compliance with your visa. This may include questions not only about your identity and immigration status, but about your travel itinerary or history, family members in the country, educational and professional background, employment status, and purpose of your travel. If you refuse to answer CBP’s questions, you may be denied entry into the U.S.

Questions to Expect

VISA HOLDERS	PERMANENT RESIDENTS	U.S. CITIZENS
You can expect more probing questions — not just about your identity and immigration status, but also your travel itinerary, travel plans, educational and professional background, and employment status.  If you refuse to answer these and other questions, you could be denied entry into the U.S.	You only need to answer questions establishing your identity and permanent residency.  If you take frequent trips outside of the U.S. or if you have a criminal arrest history, they may ask related questions. However, your refusal to answer other questions will likely delay the screening process or lead to secondary inspection.	You only need to answer questions establishing your identity and citizenship.  However, your refusal to answer other questions could delay the screening process or lead to secondary inspection.

Can my phone, laptop, or other electronic devices be searched at the border?

Yes. U.S. Customs and Border Control maintains that they can search electronic devices belonging to any individual entering the U.S. regardless of immigration status. They can also reserve the right to confiscate your devices if you do not provide access. Although this has been contested in court, the CBP argues they don’t need a warrant and they don’t need to have reasonable suspicion to conduct the search, which means everyone should come prepared.

How can I protect my personal data? 

• 🧳 Travel light: Carry only necessary devices. Consider using a dedicated travel device — e.g., a burner phone) with minimal personal data. 
• 📱 Back up your device before you travel: Save important files to the cloud or an external drive before traveling. Keep this data separate from your laptop or tablet. That means disabling automatic logins, and clearing your device of apps that store personal data (or signing out of them).
• 🔒 Secure your devices: Protect your devices with strong passphrases as opposed to simple passwords. Enable full-disk encryption on all of your devices. Two-factor authentication (2FA) can provide an additional layer of security.
  • For smartphone users: Use a numerical password to unlock your device instead of facial recognition or fingerprints. 
• 📴 Turn off your devices: Power down your laptops, phones, or tablets before reaching the border to protect yourself against remote access attacks and data interception. 
• 🔎 Inspect devices when returned to you: If your laptop is confiscated and later returned, use an external drive to boot it up and perform a thorough scan for unauthorized software or other notable changes.

What rights do I have during a search? 

• You don’t have to share your passwords with Customs and Border Patrol. Just know that if you refuse to give it to the officer, they can seize your device (regardless of your citizenship status) and turn you around at the U.S border (if you’re a foreign national). If you are a U.S. citizen, failure to provide access to your electronic device will delay your entry into the country.
  • Conversely, there is no guarantee that unlocking your device or sharing your password will make questioning shorter or advance the screening process.  
• Document the search. You can write down the details in real time, including the names and badge numbers of CBP officers and whatever questions they ask. If your interview is recorded, you can ask for a copy of the transcript. 

Tip: Review your digital privacy settings before traveling to the U.S. and know your rights you have throughout the screening process. You can find additional information on electronic device searches here.

What happens if I get sent to secondary inspection?

CBP can send any traveler – including a U.S. citizen – to a separate interview known as “secondary inspection,” which is a much longer interview. If you are sent to “secondary inspection,” it’s hard to know how long you’ll be held — it could take minutes or hours. The best thing you can do is to remain calm and tell the truth.

Other considerations: 

• Never lie. Even small misrepresentations can give officials a reason to delay or deny entry or bring criminal charges against you.
• All travelers have to reveal their identification and travel details. Beyond that, your right to withhold information depends on your immigration status. If you don’t understand a question, ask for clarification instead.
  • If you are a citizen, you can choose to not answer. However, failure to respond to questions will result in a delay in your entry to the U.S. 
  • If you are a green card holder, you may refuse to answer — but doing so could compel officials to delay your entry, subject you to additional questions and/ or start the deportation process. (Note: If this happens, you have the right to a hearing first.) 
  • If you are a visa holder, refusal to answer questions will lead to revocation of visa as well as deportation from the U.S.

Do I have the right to legal representation during secondary inspection? 

• Immigrants, including green card holders, do not have the right to legal representation while being questioned. In most cases, your lawyer may not be allowed to contact you at all. 
  • If you are detained or held back for further inspection, your lawyer can still contact Customs and Border Patrol or your congressional representative to expedite release but results are not guaranteed. 
• U.S. citizens do have the right to legal representation at the border and cannot be denied entry to the U.S.

What rights do I have if I am detained for inspection? 

• You may be allowed one short phone call to notify someone (i.e., a family, friend, or lawyer), but long phone calls are generally not permitted. If you’re denied a phone call, calmly request to speak with a supervisor. Before traveling, line up a  U.S. emergency contact who can get in touch with your legal team if needed.
• For visa holders: If you’re a foreign national with a valid visa or traveling under the visa waiver program and are refused admission to the U.S., tell the CBP officer that you wish to voluntarily withdraw your application for admission and leave the country. This will help you avoid expedited removal, which can affect your ability to enter the U.S. in the future.
• For permanent residents: Do not surrender your green card status. If a CBP officer pressures you to sign Form I-407 (to abandon your green card), you can refuse to sign it. And remember: Lawful permanent residents have a right to a hearing before an Immigration Judge before residency can be taken away. However, a CBP officer may temporarily confiscate the physical green card until an Immigration Judge makes a final determination.
• If told that you cannot enter the U.S. and you fear that you will be persecuted or tortured if you return to your country of origin, you should tell a CBP officer about your fears and request asylum.

What documents do I need to travel to the U.S.?

If you’re traveling to the U.S. for business or personal reasons (e.g., visiting loved ones or going on vacation), you’ll need to bring two things: 

1. An unexpired passport (or appropriate travel document) 

• In general, your passport must be valid for six months beyond the expiration of your period of admission to the U.S. However, nationals of certain countries are allowed to present unexpired passports with fewer than six months before their expiration date.

2. A valid visa for eligible travelers under the Visa Waiver Program (VWP). Find out if you’re eligible here.

• If you’re a Canadian or Bermudian passport holder, you might not need a nonimmigrant visa to enter the U.S. Check your situation against this list of exceptions. 
• Even if you have a valid ESTA registration and your nationality qualifies you for the Visa Waiver Program, you will still have to apply for a B-1/B-2 visa if the following applies:
  • You have travelled to Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011. 
  • You have traveled to Cuba on or after January 12, 2021. 
  • You’re a dual citizen of a VWP country and Cuba, Iran, Iraq, North Korea, Sudan, or Syria. 
  • The Department of Homeland Security makes regular changes to this list. Before you make travel plans, check their website to see if you could be affected. 

If you have a nonimmigrant work, cultural exchange or student visa, requirements may vary based on the category of visa you hold. You can find a full list of necessary documentation here.

Do I have to carry immigration documents inside the U.S.?

All foreign nationals aged 18 years or older must carry immigration documents with them throughout the duration of your trip. Common examples include:  

• Unexpired admissions record or Form I-94
• Valid and unexpired passport with a CBP-issued admission stamp 
• Permanent Resident (“Green”) Card or Form I-551
• Employment Authorization Document (EAD) or Form I-766
• Border Crossing Card for Canadians and Mexicans or Form I-185/I-186

Never leave the house without the appropriate documentation. Anyone caught without it could face fines up to $5,000 and/or jail time up to 30 days. 

What if my passport has an “X” gender marker or doesn’t match my assigned sex at birth?

All foreign passports with an “X” marker or listing a sex different from your sex at birth are valid for travel. However, when applying for a U.S. visa, applicants must indicate sex assigned at birth, even if different from the gender marker on your passport. 

If you hold a valid U.S. visa bearing a sex that is different from your sex at birth but is aligned with your gender identity on your passport, that visa will remain valid until it expires. In other words, you don’t need to apply for a new visa just to change your sex.

Important notes:

• If the gender marker on your passport doesn’t match the CBP officer’s perception of your gender presentation or the gender listed on your travel documents, you could face additional screening or inspection. 
  • Update: A new CBP rule will require airlines to disregard the X marking on U.S. passports, essentially forcing travellers as either male or female. 
• While going through airport security, you’re allowed to request a pat-down instead of advanced imaging technology screening. Just know the pat-down may be very thorough. If you feel uncomfortable, you can also request a private pat-down screening. For more information, look at TSA’s current guidance.

I was arrested, but the charges were dismissed. Will that affect my travel?

If you have been arrested or charged with any crime, no matter how minor the offense, you must consult with an immigrant attorney before traveling overseas. Even if a charge or conviction has been dismissed, expunged, sealed, or pardoned, your criminal record could make immigration challenging. 

➡️ For example, you could be denied entry into the U.S., face visa revocation, removal or deportation. Certain criminal convictions can also be the basis for denying applications for naturalization or permanent residency.

Where can I go for more information?

There’s no way around it: Traveling to or from the U.S. as a noncitizen in 2025 means navigating a lot of uncertainty. If you’re unsure whether you should travel — or how you should prepare — consult with an immigration attorney. 

Use the National Immigration Legal Services Directory to find legal service providers who can answer your questions about immigration. Free and low-cost options are searchable by state and county.

Learn More