this post was submitted on 24 Jun 2025
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A 21-year-old tourist has described the horrendous treatment he allegedly received after being denied entry to the USA due to a meme depicting JD Vance as bald being found on his phone

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[–] [email protected] 183 points 1 week ago (13 children)

This not only has been going on awhile, it's worse than it sounds.

A French scientist was denied entry at the border earlier this year, in March, after officers unearthed messages criticising Trump on his phone.

Mikkelsen explained: "They threatened me with a minimum fine of $5,000 or five years in prison if I refused to provide the password to my phone."

[–] [email protected] 74 points 1 week ago (10 children)

Any idea if these threats are actionable? He's not a US citizen to just fine or imprison.

[–] [email protected] 28 points 1 week ago (2 children)

they are not legal, as the first amendment applies even to noncitizens. however that doesn’t mean they can’t deny entry for “any” reason. they are fascist after all.

[–] [email protected] 6 points 1 week ago* (last edited 1 week ago)

It has been ruled by SCOTUS that the Constitution specifically does not apply at border entry to non-citizens:

https://en.wikipedia.org/wiki/United_States_ex_rel._Knauff_v._Shaughnessy

the Constitution does not grant aliens any protections when trying to enter the United States.

https://constitution.congress.gov/browse/essay/artI-S8-C18-8-7-3/ALDE_00001263/['article',%20'14']

an alien "on the threshold of initial entry stands on a different footing" because he or she is theoretically outside the United States and typically beyond the veil of constitutional protection.

https://supreme.justia.com/cases/federal/us/345/206/

Although a lawfully resident alien may not captiously be deprived of his constitutional rights [to due process], the alien in this case is an entrant alien or "assimilated to that status" for constitutional purposes.

The Attorney General therefore may exclude this alien without a hearing, as authorized by the emergency regulations promulgated pursuant to the Passport Act, and need not disclose the evidence upon which that determination rests.

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