Entering the USA as a sex worker has always been a perilous journey, but with the latest political regime taking over all levels of government in the US, entering the country means assessing a new range of risks. While there doesn't appear to be any specific changes in law, what has changed is how existing laws are interpreted by border officers. That means the tips and techniques shared around the industry are now out of date. What could have been safe advice last year may no longer be true.
We've already seen this in action for many people that traditionally had no issues crossing the US border:
- German tourist locked up for 6 weeks, including a week in solitary confinement.
- French scientist denied entry to the US based on criticism of Trump administration.
- Canadian businesswoman detained for 11 days despite having a valid work visa.
- Welsh backpacker held in custody for 3 weeks for exchanging house cleaning for accommodation.
Border officers in the US have long been able to conduct warrantless searches without reasonable suspicion or probable cause, but they would be selective in when and how they do this as there would be some ramifications for inappropriate use of these powers. With Trump in charge, border officers likely no longer fear any consequences for their actions – at least for the near future.
Common advice may no longer be valid
The information and items border officers look for when doing these warrantless searches has also shifted. What may have been ignored or not viewed with suspicion previously could now be interpreted as ‘shady’ and lead to a pigheaded border officer detaining you.
Using a burner phone
A common piece of advice has been to wipe your smartphone and other devices so you enter the USA with a clean slate. If there's no data on the device, they can't get you in trouble for anything, right?
The EFF's senior attorney Sophia Cope says that a burner phone or travelling without a phone "itself can be seen as suspicious." Toronto lawyer David Garson calls using a burner phone "the stupidest advice" you could give as it is an "indication that you have something to hide." Law firm Seyfarth Shaw recommends "weighing whether the benefits outweigh the risks of unnecessarily raising red flags with Customs and Border Protection" when deciding to use a freshly wiped or burner phone.
Refusing to be searched
In the past you'd simply be sent home if you refused a search, but as we've seen with countless examples this year, ICE can lock you up before deporting you.
Setting up your devices
It's difficult to provide advice on how to exactly set up your devices so they appear innocent to a border officer, but the American Civil Liberties Union has a detailed webpage explaining what you can expect should you be entering the USA and how to handle common scenarios. When it comes to electronic devices, the ACLU has some great advice:
- Encrypt devices with strong and unique passwords and shut them down when crossing the border.
- Store sensitive data in an end-to-end encrypted cloud-storage account and remove any sensitive data from your device.
- Upload sensitive photos on your camera to your password-protected laptop or a cloud-storage account.
Confiscating your devices
Border officers can also legally confiscate your devices. Not only does it suck having your expensive electronics taken off you with little recourse for their return, but confiscated devices are also ‘hacked’ into and all the data on the device copied to Customs and Border Protection's database. That data is then shared with pretty much any US government agency that wants it. Cellebrite is one supplier of hacking devices used by Customs and Border Protection and we learnt last year how they work after years of rumours about their existence.
Android devices are particularly vulnerable to Cellebrite's techniques and practically every Android phone except the most recent Google Pixels can have all their contents (contacts, photos, notes, etc) dumped on to CBP's servers when connected to a Cellebrite device at the border. Modern iOS devices are less susceptible, but not totally protected.
Even if your device is fully updated and currently resistant to Cellebrite's hacking devices now, if the device is confiscated, there's nothing stopping CBP storing the device and attempting to hack into it again in months or years time when Cellebrite discovers a way in.
Securing your smartphone
Some general advice for securing your smartphones to make it more difficult for CBP's hacking tools before entering the USA include:
- Enable Lockdown Mode on iOS. It disables and restricts features on the device so common hacking techniques are unavailable. Android has a similar feature called Advanced Protection Mode.
- Ensure your devices are updated to the latest version (instructions for Android and for iOS). Hacking tools take advantage of known software flaws to sneak their way in.
- Set a password, not a passcode or PIN on your device and disable fingerprint, face or other biometric unlocking modes. A password is much more difficult to guess or brute force than a 4 or 6 digit PIN.
The best way to avoid ending up in a US immigration detention facility is to avoid the USA entirely, but if that isn't feasible for you, there are some precautions you can take to lower the risk – not remove it entirely! – when crossing the US border and dealing with US Customs and Border Protection. Ultimately however, the USA is now a more dangerous place for sex workers to enter than ever before, so it's wise to reassess your need to visit and be sure to reassess your digital footprint before entering.
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