Rebecca Burke, a British tourist, was detained and deported from the US after admitting to performing housework in exchange for accommodation, violating her ESTA's terms. This incident, while gaining media attention, highlights existing immigration rules rather than changes under the current administration.
Similar cases, such as a German national refused entry for intending to play guitar at open-mic nights and a Canadian woman banned for wrestling, occurred under previous administrations.
Immigration lawyer Steven D Heller emphasizes that the laws haven't changed, but enforcement priorities have. He advises careful adherence to ESTA terms, emphasizing that any activity potentially construed as work, paid or unpaid, carries significant risk.
The article briefly mentions another case, that of Jessica Brösche, who was detained for six weeks, though details are limited.
Graphic artist Rebecca Burke travelled to the US in the last months of the Biden administration, to embark on a four-month backpacking trip. Like hundreds of thousands of Britons every year, she entered the US on an ESTA, the visa-waiver which lets you stay for 90 days for tourism or certain business purposes.
However, when Ms Burke, 28, tried to cross the border into Canada, she told border officials she had been carrying out some housework duties in exchange for free boarding. The Canadian officials concluded this was likely a breach of her ESTA – which forbids any kind of employment – and turned her back.
The setback became a full-on nightmare for Ms Burke, when US authorities refused re-entry and instead took her to an immigration detention centre in Tacoma, Washington. After 19 days in detention, she was taken to Seattle Airport, wearing shackles, where she was escorted onto a British Airways flight back to the UK.
Despite the case making headlines, immigration experts say that the relevant rules (i.e. no working on an ESTA) were in place long before Mr Trump returned to the White House. Neither does the fact that Ms Burke was not being paid for her “work” matter – at least not in the eyes of the US government.
There are examples of tourists falling foul of this particular rule during the Obama administration: like the German national who was refused entry to the US back in 2013, after telling border officials that he intended to play guitar at some open-mic nights. Similarly, a Canadian woman, Nicole Matthews, was banned from the US for five years in 2018 after competing in WWE-style wrestling matches on a standard travel visa.
“The law has not changed – but enforcement priorities have,” says immigration lawyer Steven D Heller. Like others, he advises anyone going to the US to be extremely careful about doing anything that could be construed as work, whether paid or voluntary.
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