Tourist arrests at the US border: Here's what you need to know if you're an international visitor.

In recent weeks, a wave of international visitors attempting to enter the United States from other countries have been denied entry at border controls, resulting in deportations to their home countries or days or weeks of detention.

A 28-year-old British woman arrived in the UK earlier this week after three weeks held at an immigration detention center in Washington state. She had attempted to enter the United States from Canada, and at the land border crossing, questions arose about whether she had the correct visa. Her ordeal came shortly after two German tourists were deported after attempting to enter the United States from Mexico. Both spent weeks in a detention center in San Diego and said they did not understand why they had been detained and deported.

The incidents have raised international concerns about the situations travelers may experience at US borders. Here's what you need to know about travel visas and the rights of international visitors entering the United States.

US Entry and Exit Basics

People seeking entry to the United States who are not U.S. citizens must have a valid passport that will not expire within six months. Additionally, most people need a visa or—for citizens of countries that do not require a visa—an Electronic System for Travel Authorization, known as ESTA.

An ESTA is applied for online by submitting a photograph of a valid passport, as well as an email address, home address, phone number, and emergency contact information. For citizens of countries outside the Visa Waiver Program, most checks for these documents are conducted at consulates in visitors' home countries, according to Jeff Joseph, an immigration attorney in Denver. Consulate officials will seek information about whether individuals intend to overstay or work, among other things.

A visa—or authorization—is merely an entry document to get people to the airport or a land border, Joseph explained. It does not guarantee entry into the United States. Once a traveler arrives, they must demonstrate that they intend to use the visa as directed. Immigration officials will ask routine questions, typically about the reason for the visit, the length of stay, where they plan to house the travelers, and what they plan to do. Visitors may be taken for a second, longer and more detailed round of questioning.

Most common visas for visitors

The United States has three categories of non-immigrant visitor visas: a visitor visa for temporary business purposes, known as the B-1; a tourist visa, known as the B-2; and a combined visa for both purposes, the B-1/B-2. Although the visas themselves are valid for a decade, visitors are only allowed to remain in the country for a maximum of six months.

Travelers with these tourist visas cannot study, work on a permanent contract, engage in paid work, arrive as a member of an aircraft or ship's crew, work in the foreign press, or establish permanent residence, according to the State Department. To obtain these visas, potential visitors must complete an online application, provide necessary documents, such as a passport and photo, and schedule a visa interview. Interviews cost $185.

Countries with Visa Waiver Programs in the United States

The Visa Waiver Program, which allows most citizens to travel to the United States for business or tourism for up to 90 days, applies to 43 countries. In return, U.S. citizens can travel to these countries for a similar period of time without a visa. Still, these travelers still need a valid ESTA to enter the country. Applications cost $21 (€19.40), and authorizations are active for two years. The ESTA must be obtained at least 72 hours before boarding a flight. But there's some fine print: for example, you can't get an ESTA if you've visited certain countries after certain dates, such as Cuba as of January 12, 2021. If you're not eligible for an ESTA, you'll have to obtain a tourist visa. In this process, visitors "give up" many rights, Joseph explains, including the waiver of the right to challenge deportation. Because of this, people who use this program can be subject to mandatory detention.

What rights do visitors to the United States have?

U.S. federal law grants government agents the right to search people's belongings, including their cell phones and computers, at border entry points. According to the American Civil Liberties Union, they don't have to be suspected of a crime to be searched. In fact, all visitors have the right to remain silent, but the burden of proof rests with visa holders.

If a person is found inadmissible during questioning, they can withdraw their intent to enter the country and will then be allowed to travel to their home country. Their visas are revoked, and they typically take the next flight home. But an agent can deny the withdrawal, in which case the visitor is detained. Because these situations technically occur outside the country, the rights described in the U.S. Constitution don't apply, Joseph notes, and those detained don't necessarily have the right to counsel. The government has about 90 days to deport people. This period may be extended if detainees fail to cooperate by providing the correct travel documents, in which case they may be subject to criminal proceedings. Following a removal order, individuals are barred from entering the United States for five years.