I wrote last week that several smaller Hollywood agencies had begun warning foreign national clients to be prepared for increased scrutiny when crossing the border in and out of the United States. That warning seems to have been ignored for the most part by actors, writers and producers who are accustomed to the familiar border entry process that has been in place for more than a hundred years.
That complacency has evaporated in recent days, as news reports have begun surfacing that random visitors headed to the United States to attend scientific conferences or other events have been held at the U.S. border by border patrol agents, and in some cases had their electronic devices seized before being denied entrance into the country.
LeMonde reported that a French scientist headed to conference in Houston was denied entry into the country after messages critical of President Trump were found on his phone:
"I learned with concern that a French researcher" on assignment for the French National Center for Scientific Research (CNRS) "who was traveling to a conference near Houston was denied entry to the United States before being expelled ," said the Minister of Higher Education and Research, Philippe Baptiste, in a statement sent to Agence France-Presse (AFP). "This measure was apparently taken by the American authorities because the researcher's phone contained exchanges with colleagues and friends in which he expressed a personal opinion on the Trump administration's research policy ," he added.
According to a diplomatic source to AFP, the incident occurred on March 9. The space researcher was reportedly subjected to a random check upon arrival, during which his work computer and personal phone were searched. The same source also reported that messages discussing the Trump administration's treatment of scientists were found. He was reportedly accused of messages "that reflect hatred toward Trump and can be described as terrorism ." His professional and personal equipment was reportedly confiscated, and the researcher was sent back to Europe the next day.
"People are freaked out," one mid-level manager told me via email on Wednesday. "No one knows what might trigger a problem or cost them a job because they suddenly aren't allowed into the country."
"I am here legally," one young actor who asked not to be identified for obvious reasons told me via Signal. "But I see these students who are here legally being deported because they said something publicly that a government official has decided is treasonous. I haven't been quiet about my unhappiness with Trump. Does that mean one day I won't be able to get back into the U.S. Or even worse, dragged off the set by ICE agents who have declared me a terrorist?"
And it's not just Hollywood creatives facing an increased crackdown on border entry in the United States. It's not uncommon for visitors from Canada and other countries using a non-work visa to enter the country. And that is just what you think it is. An Electronic Tourist Visa (or ESTA) provides entry into the country for two years, but you promise not to work.
The problem is that in the past, the "work" threshold was primarily defined as "doing something for money." So for instance, a writer or comic book artist to travel to the U.S. on a non-work visa to attend a convention. Even though technically, receiving free accommodations or a speaking fee might be considered work. But the line isn't legally clear, because according to the law, you can use the ESTA for "travel to the U.S. to conduct business." But you can't "work.
Border agents have apparently begun cracking down on that distinction, so much so that I am hearing reports that some authors and artists are declining to travel to the U.S. to attend conventions. It doesn't appear to be a widespread trend yet, but with the escalating pressure and increase of reporting on problems at the border, I would expect that to continue.
One thing that seems to have increased in recent days is an increased number of requests by border agents for people crossing into the U.S. to unlock their devices, provide passwords, or disclose social media information.
According to the Electronic Freedom Foundation, if you refuse, agents can seize your devices. Citizens of the U.S. will likely be let into the country, although they could legally be held in custody pending some "investigation." If you are a lawful permanent resident, agents might "raise complicated questions about your continued status as a resident." And if you are a foreign visitor, refusing access to the devices will likely mean you'll be denied entry into the country.
And that brings up what one manager told me was one of the things that is keeping him up at nights in recent days. "It's clear the Trump Administration likes show crackdowns," he told me. "They like doing shocking things that are meant to scare everyone into compliance. If you believe that is the way they operate - and I do - the logical step would be to target some mid-level actor who isn't a U.S. citizen and has made some comments about Gaza or something like that. Stop them at the border, make a show of keeping them in ICE custody for a day or so until their lawyers spring them. All in an effort to show Hollywood who is boss."
I asked what the impact would be in the American TV and movie industry if that happened. There was a very long pause before he answered. "It would be an extinction-level event. This would be worse than the Red Scare 75 years ago. We would never recover and no one would ever trust us again."
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