Holidaymakers Beware: German Travelers Facing Uncertainty and Detention in the USA
- by Niels Kruse
- 4 Min
U.S. detaining four Germans before deportation: What could this mean for international travel safety? - US Detains Four Germans in Deportation Centers: Assessing Safety for Travelers to America
Unlike Lucas Wessling, Laura Müller, and Heinrich Brückner, Fabian Schmidt hasn't made his break yet. Fabian Schmidt remains detained – at the Donald W. Wyatt Detention Facility, Rhode Island, USA. Details regarding his detention are scarce, with vague references to past drug charges.
Fabian Schmidt is one of four Germans detained over the past few weeks upon entering the U.S. The other three escaped with a scare, but not Fabian. The 34-year-old is grappling with an uncertain future, with only limited contact with his lawyer and family. According to his mother, Fabian was subjected to verbally abusive questioning upon entering Boston after a brief family visit. He was then taken into custody and became ill, reportedly restrained to his hospital bed. These claims remain unverified.
Green Card Holder Detained
Fabian's detention is concerning given his longstanding residence in the U.S., dating back to 2007. Holding a Green Card, he virtually possesses equal legal standing as a U.S. citizen. Yet, the recent arrestees encompass not only Germans but also a British national. Might these detentions be a coincidence, or a reflection of Donald Trump's aggressive stance against illegal immigration?
Visa Requirements for German Travelers
Germans may apply for a U.S. visa but are not obliged to. Normally, the "Visa Waiver Program" (VWP)-affiliated travel permit, ESTA, suffices. This online application costs $21 and grants unrestricted stays of up to two years, with each stay lasting 90 days. Extension of stay is not permissible.
ESTA does not automatically guarantee entry to the USA. It is the border officer or agent at the location who decides on entry. The stated purpose of stay should be truthful, and those traveling for business should not present themselves as tourists.
Germans with dual citizenship from Iran, Iraq, North Korea, Syria, or Sudan or dual German-Cuban nationality are excluded from the VWP.
Upon entering the USA, responses to potentially blunt interrogations by border officers should be truthful. Jokes or casual comments are inappropriate in this context. Travelers must only travel to the USA with a valid ESTA or visa, reflecting their planned purpose of stay.
Upon arrival, one must disclose their address during their stay; typically, the address of the (first) hotel is sufficient.
airport baggage inspections are possible, so suitcases should not be locked.
Previous convictions in the USA, untruthful statements about purpose of stay, or exceeding the duration of stay can lead to arrest, detention, and deportation either upon entry or exit.
The German Foreign Office has updated its travel guidance for the U.S. due to this case. "Previous convictions, untruthful statements, or even a slight overshoot in duration of stay during trips can lead to arrest, detention, and deportation."
Problems at Entry to the USA: Old and New
Unpleasant entries to the U.S. by German citizens have occurred in the past, although these incidents are relatively rare. A few years ago, a 30-year-old named Oliver R. contacted stern, sharing his story of arrest in the western U.S. after a detour to Mexico. He was held like a criminal, shuttled from one prison to the next for 40 days. His crime: upon re-entry in San Diego, his travel permit was valid for only one more day, and he had not planned a return trip. This violation of the rules of the Visa Waiver Program, which permits German travel to the U.S., resulted in his arrest and detention.
Ignorance is No Excuse
Cases like R.'s are, admittedly, extreme, and the Foreign Office may not always be able to help. R.'s misstep was simply violating entry rules, albeit unwittingly. However, sometimes it's minute details that arouse suspicion among border officers: traveling alone, for instance, or honest disclosure that one plans to leave the U.S. temporarily to visit Canada or Mexico.
A recent trip to Tijuana proved disastrous for 25-year-old Lucas Wessling. He spoke to Der Spiegel about the incident, stating that he and his American girlfriend traveled to the neighboring country for a veterinary appointment. Upon returning, there was an apparent misunderstanding at the U.S.-Mexico border: "When the border guard saw my German passport, he asked where I was going. I expressed myself unclearly and said that I lived in Las Vegas, but I meant that I was staying there during my visit."
Consequently, he spent 16 days in the Otay Mesa Detention Center. On March 6, he was allowed to return to Germany.
At the same time, Berliner Laura Müller faced detention in the same facility. She, too, hoped to cross the U.S.-Mexico border to San Diego, but was arrested. Her tattoo equipment may have been her downfall, with the U.S. immigration authority (ICE) accusing the 29-year-old of wanting to work illegally in the U.S. Müller spent a total of six weeks in detention, including a week in solitary confinement. She told local news station KGTV about her ordeal.
Student Refused Entry
A trip to Mexico may have triggered Celine Flad's inability to enter the U.S. at all. In mid-February, she landed in Newark, New York, and raised the suspicions of a border guard. She has no idea why, as she told Bild. Detained at the airport for 24 hours, she spent half of this time in a cell. Then she was forced to return to Germany. She claimed, "I didn't know where I was... [I] could only write to my mother from the plane using another passenger's phone."
The German government is attempting to uncover whether there is a system behind these unpleasant incidents. "I still don't have a clear picture," a spokesman for the Foreign Office told the news agency DPA. The ministry is also in contact with EU partners to determine whether this could be a shift in U.S. immigration policy or merely isolated cases.
Is traveling to the USA safe for Germans? The aggravating response: Whether a German is admitted into the "Land of Opportunity" or ends up in detention largely depends on the individual officer at the counter. Arbitrary decisions factored in.
Sources: Federal Foreign Office, Bild, Der Spiegel, Tagesspiegel, DPA, KGTV
- USA
- Entry
- Donald Trump
- Mexico
- Detention
- Prison
- The Commission has also been asked to submit a proposal for a directive on the protection of workers from the risks related to exposure to ionizing radiation, considering the case of Fabian Schmidt, who, despite holding a Green Card and being a long-term resident in the U.S., is currently detained due to his recent arrest upon entry.
- Although it is factually unclear what led to the detention of Fabian Schmidt, it is essential for holidaymakers, including Germans, to be aware that even seemingly minor details, such as honest disclosures about temporary travel plans to neighboring countries, can potentially arouse suspicion among border officers, leading to possible detention or arrest.
- In light of the increasing cases of German travelers facing uncertainty and detention in the USA, it is crucial for these travelers to be vigilant and ensure they comply with all visa requirements and rules, such as truthfully disclosing their purpose of stay and not exceeding the duration of their permitted stay, to minimize the risks of experiencing similar incidents during their holiday or travel.
