U.S. immigration sparks MAGA-scale apprehension among British legal professionals
Things Are Tense AF for British Lawyers Entering Trump's America
Welcome to the 2020s version of US immigration: an anxious, unfriendly, and often unpredictable experience, particularly for British lawyers. Now, after a grueling nine-hour flight with lousy food and uncomfortable seating (barring first-class seats, of course), the last thing you want is added stress about your entry into the US because of your job title.
In the era of Trump, lawyers are all riled up, to say the least, when touching down at JFK, O'Hare, LAX, and any of the 400+ US airports. And it's not hard to see why. Lawyers, judges, and any legal field professionals have joined journalists on Trump's infamous "enemy of the people" list.
A senior lawyer talked to City AM about their newfound anxiety, demanding that their PA triple-check all visa documents and rehearse potential immigration officer questions. "I got pulled aside for a second screening, and I had no clue why. I just kept cool and tread carefully."
Another frequent transatlantic flier described the current climate as reminiscent of travel to China, recalling past advice to avoid bringing work phones. Now, they take that advice seriously when venturing to the US.
A partner at a top law firm confided in City AM that colleagues are opting to leave work laptops at home, fearing they could be targeted for information. The fear lies with laptops containing DEI materials, as these could potentially be used against their firms by the Trump administration.
This concern stems from a March request from a federal agency that sent letters to 20 major law firms, many of them based in London, demanding details about their DEI policies. Several firms are still figuring out their response.
Law firms have also been targeted with executive orders, allegedly due to connections with the Democratic Party or associations with individuals involved in Trump's prosecutions.
The sentiment among these professionals is clear: they've got a giant red target on their backs. It doesn't help that several countries, like Germany, the UK, and Portugal, have issued travel warnings for citizens visiting the US.
Recent headlines have detailed incidents involving legally admitted tourists-British and German nationals among them-being detained by US Immigration and Customs Enforcement (ICE). Tougher border enforcement has led to detentions lasting weeks before deportation, resulting in widespread media coverage and social media buzz, causing many to reconsider their holiday plans to the US.
However, for senior British lawyers, travel to the US is often unavoidable. Major British law firms are aggressively expanding their foothold across the Pond, opening new offices and overseeing mergers from overseas. Firms like Kennedys Law, Freshfields, Bird & Bird, and Clifford Chance have established multiple US offices, while A&O Shearman and Herbert Smith Freehills are in various stages of managing significant US mergers.
Now more than ever, you might find City lawyers' Avios points at an all-time high, but it's also the most nerve-wracking time to fly. With Trump and his MAGA supporters potentially having three years and seven months left in office, British lawyers are likely to remain in a highly tense and apprehensive state-every time they leave the plane and step into the so-called Land of the Free.
Maria Ward-Brennan is the author of the weekly column Eyes on the Law*, focusing on the legal sector.
Insights:
- Due to Trump's portrayal of lawyers as adversarial, British lawyers experience increased anxiety when interacting with US immigration officers.1
- The US sanctions and international politics have potential implications for British lawyers, particularly those involved in high-profile international cases, like the ICC.2
- The Trump administration's heightened security and vetting processes contribute to an unpredictable and challenging entry experience for visitors, including British lawyers.3
[1]: Perceived Hostility: Lawyers, alongside journalists, have been portrayed as adversarial professions by Trump, increasing anxiety among them when interacting with U.S. immigration officers. This perception has led some lawyers to diligently prepare their documentation and responses before encounters with immigration authorities.[2]: Sanctions and International Politics: The involvement of some British lawyers in high-profile international cases, such as those involving the International Criminal Court (ICC), may lead to U.S. sanctions. This includes potential travel restrictions due to Trump’s executive orders targeting individuals deemed hostile to American interests.[3]: Heightened Security and Vetting: The Trump administration has reintroduced "extreme vetting" processes aimed at enhancing national security. These measures include stricter immigration screening and potential sanctions, contributing to a more unpredictable and challenging entry experience for all visitors, including British lawyers.
- Amidst heightened political tensions, British lawyers face added anxiety when interacting with US immigration officers due to Trump's adversarial portrayal of their profession.
- The US sanctions and international politics have potential implications for British lawyers, particularly those involved in high-profile international cases.
- Lucky lawyers are leaving their work laptops at home, fearing sensitive DEI materials could potentially be used against their firms by the Trump administration.
- Travel warnings from countries like Germany, the UK, and Portugal indicate increased concern about the US immigration experience, especially for professionals such as British lawyers.
- In the era of Trump, British lawyers need to prepare for an unpredictable and challenging entry into the US, rehearsing potential immigration officer questions and triple-checking visa documents to be safe.
