The truth about travelling in Donald Trump’s America – a guide to new policies for Aussies

• Last week, we published an exclusive poll revealing many Australian cruisers were refusing to travel to America because of President Donald Trump.
• The result was hundreds of comments demonstrating a bitter divide, but aloso a lack of knowledge of what travel to America is all about.
• This guide explains the rules and rights you need to know.

Last week a Cruise Passenger poll revealed that 75 per cent of cruisers want be travelling in America during Trump’s administration. Hundreds of cruisers stated ideological reasons for not wanting to go, and others shared fears about being detained or having their social media searched. 

The reality is that whether or not one wants to visit the USA, cutting it out of your travel plans entirely can complicate life for travellers, and especially for cruisers.

The USA works as a flight connection for Australia to Central and South America, it’s the departure point for a Caribbean cruise, Alaska is a popular cruise destination, Aussie repositioning cruises often end in Hawaii and more. 

Crucial to travelling past the US is that even if you’re just going for transit purposes, you still require a visa and have to pass through immigration.

Of particular concern to Aussies is a proposed new rule that all visa-waiver visitors would have to share five years of social media data with US border security forces. This concern isn’t unique to Aussies, with a World Travel and Tourism Council of 5000 international travellers showing that one third of them would be less likely to visit the USA if forced to share their social media information.

Cruise Passenger has put together a short guide on the realities of visiting Trump’s America, so travellers can make an informed decision on whether they want to visit or not.

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What is an ESTA?

• An ESTA is a visa waiver program, which Australians are eligible for. It is a quick online application that costs USD$40. Applications are generally instantly processed and approved, but if your application is flagged for some reason, it could take a couple of days to know if you’ve been approved or not. 
• An ESTA is valid for up to 90 days of travel, and lasts for two years or until your passport expires.
• Australians who are not able to receive an ESTA, or have different travel requirements, such as staying longer than 90 days, will need to apply for a tourist visa at a US embassy or consulate. 

Do you have to share social media history?

• The new proposal is currently open for public comments, and it is expected to be implemented in the second quarter of 2025. It would involve tourists or business travellers visiting on an ESTA  to provide social media usernames, email addresses and phone numbers used in the past five years.
• It is unclear exactly what this policy of ‘five years of social media history’ will entail in terms of enforcement and scrutiny. 
• There is no explicit rule at this point that says social media accounts have to be made public and that individual attitudes and opinions, such as negative social media posts or comments against Trump, will be scrutinised. 
• However, student visa applicants have the same social media requirement, and they are required to set their social media profiles as public and profiles are scrutinised for “hostile attitudes towards our citizens, culture, government, institutions or founding principles”
• The following weeks and months will demonstrate how the new requirements are applied and enforced.

Do you have to share biometric data? 

• The extent to which biometric data will be required has not been made clear. The Federal Register’s proposal simply reads: “CBP will add several “high value data fields” to the ESTA application, when feasible.”
• These “high value data fields” include “face, fingers, DNA and iris”. 

Can you be detained coming into the USA?

• While there are true stories about Aussies being detained while entering the USA, this has happened under all administrations, and until now, there isn’t data to suggest it’s becoming more frequent. 
• Last year, just under one million Australians visited the USA, adding context to the occasional stories of Aussies having trouble at the border. 
• Smart Traveller says: “Entry requirements are strict. US authorities have broad powers to decide if you’re eligible to enter and may determine that you are inadmissible for any reason under US law. Check US entry, registration, transit and exit requirements.”
• It is possible that new ESTA requirements could present a new risk, but until now, there isn’t an indication of elevated risk.

What are your rights if questioned or detained?

• The American Civil Liberties Union shares a guide on your rights when entering the United States.
• If authorities want to search your electronic devices, you are not obligated to provide them wioth passwords; however, visa holders and visa waiver travellers could be denied on the basis of refusing to unlock devices. The CBP also claims the right to make a copy of your digital information found on your electronic devices.
• On Strip Searches, the ACLU says: “Officers can only do invasive strip-searches if they have reasonable suspicion that you are involved in criminal activity. Strip-searches must be done in a private area. Officers can’t pull you aside for secondary screening based on race, religion, or ethnicity, but this is difficult to enforce in practice.”