How to Avoid TSA Hassle When Traveling

How to Avoid TSA Hassle When Traveling
As U.S. airport scrutiny intensifies, even citizens may face invasive searches—with fewer rights than most realize before clearing passport control.|©iStock/M-Production

The queues are longer… the steely-eyed men behind the counters are taking more time than they used to. Their expressions are surlier than usual. Smiles, always rare, have vanished entirely.

I’ve been traveling in the United States with my family for the last 10 days, taking advantage of South African school holidays to visit family. That means interacting with the TSA, CBP, airport police, and the rest of Uncle Sam's defensive measures against alien hordes.

For better or worse, there's been a perceptible change since I was last here.

As dual South African-US citizens, we don't experience the worst of it. But that doesn't guarantee we won't get the treatment. All it takes is those dreaded words… “you’ve been randomly selected….” Anyone—even US citizens—can be stopped and subject to highly invasive searches when entering the United States. As a growing number of Americans have learned, this can lead to arbitrary detention at the hands of immigration authorities.

Many people are unaware that the area between the arrival gate and passport control is legally contested territory.

Technically, you have arrived inside the United States and are under its jurisdiction. But you don't enjoy all your constitutional rights. Federal immigration officials can do things that would be illegal once you're on the other side of passport control. You don't enjoy due process or protections against search and seizure and self-incrimination. Immigration officials are legally allowed to search you and your belongings without a warrant.

For example, a CBP officer can demand that you unlock your cell phone and show them everything that's on it. That's unconstitutional once you're on the other side of passport control. Similarly, immigration officials can ask you questions and detain you if they are not satisfied with your answers. They alone decide whether something about you warrants further investigation, no matter how long it takes.

Unfortunately, abuse of this authority appears to be increasing. Legally, immigration officials are allowed to ask only about your immigration status and travel history. But as anyone who's been pulled over by a county traffic cop knows, in that moment, the cop is the law. There aren't any judges around to interpret their behavior to make sure it's legal.

That opens the door to blatantly illegal behavior… which, it appears, we’re seeing more of in recent months.

This might sound paranoid. But trust me, I've seen these things happen. I was once detained for several hours at the border while immigration officials questioned the reason for my travels to countries like Vietnam and Cambodia. Eventually, I convinced them I was employed by Habitat for Humanity International to help poor people build their own homes, but by then, I had missed my connection.

Considering the millions of international travelers in airports daily, it’s still relatively few who are being hassled. As an American citizen, you’re likely to go through without issue. However, if you’re worried about the possibility of being stopped, here's my checklist to avoid arbitrary hassles at the border:

First and foremost, stay calm and comply. You won’t win an argument with these folks. Don’t question their authority, assert your rights, or threaten legal action—none of that helps in the moment. Just comply until you genuinely feel the intrusion is too much. At that point, you can ask to speak with an attorney. While you don’t technically have the right to one at the border, asking might tip the balance if their interest in you is marginal, and they may just let you go.

It’s also smart to sanitize your devices. Wipe your smartphone entirely before arriving in the US, then restore it from cloud backup once you're safely through. Alternatively, use a clean phone that has no personal data at all. The same goes for your laptop—delete everything before you travel and do a proper deep clean, because government agents may use forensic software to recover supposedly deleted files. Clear your browser history and cache as well. Immigration officers have detained people over articles in their history that criticize the US government. Yes, it's illegal and unconstitutional, but that doesn't stop them—especially since you can’t insist on a lawyer.

Be cautious with anything that might appear political. Don’t carry newspapers, magazines, or books that could be interpreted as anti-American. It’s not the time to be reading Das Kapital at the airport. And even after wiping your tech, remember that agents might still demand access to your social media accounts. You can try claiming you don't have them, but they're savvy enough to search for you anyway. You could land in hot water not just for your own posts, but also for something a friend shared on your timeline.

Lastly, let someone know your travel plans—when you’re supposed to land and when you’ll be in touch. If something goes sideways and they don’t hear from you, they can start asking questions and potentially help you get legal assistance.

The bottom line is that immigration authorities are feeling their oats right about now. Knowing how to stay on their good side could save you a lot of trouble.

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