«You have no right to be here.» A teacher wanted to celebrate her birthday in New York. Instead, she was jailed in New Jersey before being deported. A lawyer warns that something similar could happen to almost anyone.
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Lara arrived in New York on April 9 at 4 p.m. local time. The border guard asked the usual routine questions about how long she would be staying in the U.S. and where she planned to stay. But instead of letting her proceed into the city, he said, «Follow this gentleman.»
Lara spent six hours in a room with other travelers who had also been «flagged,» the term for those selected by border officials for further questioning. Lara is 38 years old. She studied in the U.S. for several years on a student visa. She also worked there with the appropriate authorization and paid taxes. She has only been living in Switzerland again since the outbreak of the COVID-19 pandemic. She visits her longtime friends in New York several times a year and obtains her travel authorization via ESTA.
The officials wanted to know why she travels to the U.S. so often. Because she loves New York and many of her friends live there, Lara replied. Then the officers demanded access to Lara's smartphone. «I had to give them access to all my social media accounts and my online banking account,» she says. «Then they disappeared for about an hour with my cellphone.»
«You're lying»
Because Lara not only works at a school in Switzerland, but also gives online language courses and counts Americans among her customers, the border officials were convinced that she wanted to work during her stay in the U.S.
The fact that Lara was carrying souvenirs, such as German books and Swiss chocolate, had her laptop and had arranged to meet some of her online students for coffee in New York reinforced the border officials' suspicions. When Lara insisted that she did not want to work during her vacation, the officials always responded with the same statement: «You're lying.»
«Then they threatened me: Either I officially say in the interrogation that I came to New York to work, or they will send me to prison,» Lara says, adding that the situation intimidated her. «But I still said: That's not right. If you treat me like this, I will need a lawyer, and I must be given the opportunity to contact the Swiss Embassy. Their response was: You have no right to be here. You are not an American citizen.»
At around 10 p.m., she was allowed to call an American friend of her parents with whom she is so close that she calls her «aunt.» The aunt informed Lara's friends in New York and her family in Switzerland what was happening. At 11:30 p.m., Lara received official notification that she would not be allowed to enter the United States.
However, instead of being put back on the next flight to Switzerland, Lara was placed on a chair anchored to the floor and secured to it with a leg restraint. She waited like this for two hours, not knowing what would happen next. Then she was taken to a small room and subjected to a full-body search. In addition to the ankle restraint she was put in handcuffs and a chain was put around her waist. «That was the first time I cried,» Lara says.
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«I find it problematic that Switzerland does not take a clearer stance on arbitrary deprivation of liberty and violations of the fundamental rights of its citizens,» says lawyer Pascal Ronc. In Lara's case, he sees arbitrariness and a violation of fundamental freedoms and rights. «She was deprived of her liberty and human dignity on the basis of vague suspicions about her possible future behavior. No breach of law could be alleged or proven against her,» says Ronc. Searching smartphones and laptops is also a serious invasion of privacy and may therefore be classified similarly to a house search.