Legal strategies for foreign journalists in the US

The second Trump administration in its early months has detained holders of student visas and green cards, and deported individuals it claims are dangerous, without due process — including some to third countries and foreign prisons. It has restricted access for members of the White House press pool, gutted the U.S. Agency for Global Media, and continued lawsuits against major media outlets.

In this new political environment — one that is evolving on a daily basis — it is imperative that foreign journalists working in or planning to travel to the U.S. understand the situation and prepare themselves accordingly.

We spoke with two prominent lawyers in our network for their assessment of the new landscape, and strategies to navigate it. For the purposes of this resource, the attorneys preferred not to be named.

Ultimately, be vigilant, they advised. Stay up to date with the news and developments as the situation is fast-changing. Understand which countries may be under more scrutiny from the administration.

Here’s more:

Current immigration landscape

Alarming cases of deportation and detainment have headlined the news, so it is understandable to feel anxious, depressed or pessimistic. Enforcement of immigration violations is up, but a majority of people still are able to enter and stay in the country. When it comes to journalists, there is little evidence that they are more likely than others to come under scrutiny.

Know that: 

• The Trump administration has sought to adjust immigration benefits on a deeper level, for instance through its executive order to limit birthright citizenship. These efforts tend to get tied up in court fairly quickly, as is the case with birthright citizenship, which remains legal.
• Humanitarian programs such as Temporary Protected Status (TPS), which can be granted to individuals from countries with certain unsafe conditions, have been ended for some countries. The administration’s executive orders have been challenged in court, with varying results.
• Enforcement of immigration violations has been accelerated. There is more scrutiny at the borders, and there is more questioning at entry points.
• Students have been more targeted than other groups. So far, journalists do not appear to be caught up in the heightened enforcement.
  • Foreign journalists in the country on student visas may expect more scrutiny — because they are students. 
  • Notably, for those seeking a visa to visit, study or work at Harvard University, that application will likely come under more scrutiny.
• The Trump administration has heightened enforcement of the Alien Registration Requirement, which requires non-citizens ages 14 and older entering the country for more than 30 days to sign up in the system.

Travel and entry into the US

When traveling to the U.S., identify the documentation you need and how you might handle questioning. Prepare for uncomfortable situations, should they arise.

Passports and visas

It’s more likely today that officials will want to see all of your documentation, and not just your passport and visa. When in the country, always carry your documentation on you. This goes for green card holders and permanent residents, as well. 

Here are strategies to prepare:

• Ensure your passport is valid at least six months into the future beyond your final anticipated day in the country. Visas only need to be valid as of the day you plan to enter the country. Visit CBP.gov and input your passport information, taking note of your expiration date.
• Make sure you have the right visa, the necessary documentation for it, and that you strictly adhere to its provisions.
  • For instance, an H-1B visa, for foreign professionals, requires an approval notice, a visa stamp, and an employment letter recently signed by your employer in the U.S.
  • An I Visa, for members of foreign media, requires a clear letter from your employer detailing why you're coming to the U.S., what your activities will be and how they help the foreign media agency.
  • Other visas such as the J-1 exchange visitor visa, F-1 student visa, will require other documentation such as a DS-2019 or an I-20 form.
• Ensure you completed the Alien Registration Requirement.
  • For most people, this happens automatically upon entry when they fill out an I-94 form. 
  • If you are unsure, you can search online for the G-325R form or “Alien Registration Requirement.” Visit a dot-gov website for the most accurate information about it. 
  • If you have children who have turned 14 since entering the U.S., you will need to register them. If they are in the country on a green card, you will similarly need to request a new one.
• Strictly adhere to the parameters of your visa.
  • Holders of an H-1B or I visa can only work for the employer that filed their case.
  • Holders of a J-1 or F-1 visa might have an EAD work authorization, allowing work for multiple employers. 
  • Always make sure that your I-94 is valid.

Questioning

The likely worst-case scenario when trying to enter the U.S. is that you are turned away and need to return home. It doesn’t mean you’re now a criminal or will be on a list. Consult an attorney for more information and to prepare for your next entry attempt.

Here are strategies to prepare:

• Expect to be questioned about the purpose of your travel to the U.S., who your employer is, what you will be doing in the country, and what type of news you cover. If questioned, provide honest, brief responses. Be ready to provide contact information for your employer. If your questioning is taking time or you’re taken to a secondary screening, it’s likely that they’re trying to track down all relevant information, which they can’t readily find.
• Implement a buddy system. Notify your employer that you will be traveling. Let a fellow journalist or an attorney know about your plans. Tell your contacts when you head to the airport and that you will notify them when you’ve arrived safely. If they don’t hear from you they can try to reach out.
• If you have a criminal history, speak with an immigration attorney before traveling, or before requesting a new visa or any other immigration benefit.

In almost every scenario you will have the opportunity to contact your “buddy.” In a more serious situation, you can request that an immigration officer reach out on your behalf.

Devices

Treat your devices, whether they’re personal or issued by work, like suitcases. Understand that they can be searched, and that this is becoming more common. 

Here’s what to know:

• You can refuse your device be searched, but expect then to be denied entry. The likelihood of this increases for non-citizens and non-permanent residents.
• You can lock your device, but this is only so effective. Officials will break the lock and access the device should they decide to.
• Immigration officers are searching people’s social media more than before. While you can set your accounts to private, this may also be interpreted as an effort to hide something. Officers are concerned primarily with anti-Semitic activities, protests in relation to Gaza, or terrorist-related support.

Organizational and newsroom support

• Newsrooms should have a dedicated person or team to support employees and contractors traveling. This point person or team should implement a buddy system whereby those traveling notify them about their travel dates and where they will be traveling to. They can also assist with needed documentation and serve as a point of contact should issues arise. 
• This dedicated team can supply a form letter documenting travelers’ relationship to the organization, and serve as an escalation point, bringing in an HR representative well-versed in immigration issues, or external counsel, as needed.
• Importantly, newsrooms should ensure that this point person or team has the availability to handle increased workload, as there are more frequent requests for additional information.
• Newsrooms should have a policy for reporters traveling with work devices that might have data that can be searched.

Additional resources

• ACLU immigration-related information
• National Immigration Law Center
• Committee to Protect Journalists’ Safety Advisory for Traveling to the US
• Reporters Committee for Freedom of the Press Legal Hotline
• Navigating Immigration Under the Second Trump Administration: What Businesses and Individuals Need to Know, from Fragomen Immigration Firm

The information provided in this resource is for general informational purposes only and is not exhaustive nor intended to constitute legal advice. Contact an attorney to obtain advice with respect to any particular legal matter.

Photo by Kevin Lanceplaine on Unsplash.