The French researcher in question was in possession of confidential information on his electronic device from Los Alamos National Laboratory— in violation of a non-disclosure agreement—something he admitted to taking without permission and attempted to conceal,” McLaughlin said in a post on X.
The incident happened on March 9, the Agence France-Presse (AFP) news agency reported, citing a diplomatic source familiar with the matter
. All visitors have the right to remain silent. But the burden of proof rests with visa holders. For example, if an officer asks if someone plans to work on their tourist visa, and that person remains silent, the officer is likely to deny them entry, Mr. Joseph said.
If a person is found inadmissible during questioning, they can withdraw their intent to enter the country and may then be allowed to travel back to their home country. Their visa is canceled and they often get the next flight home. But an officer can deny the withdrawal, at which point the visitor is detained.
Because these confrontations occur technically outside the country, the rights outlined in the U.S. Constitution do not apply, Mr. Joseph said, and detainees are not necessarily entitled to a lawyer. The government has about 90 days to deport people. That period can be extended if detainees don’t cooperate by providing the correct travel documents, at which point they can be subject to criminal proceedings. Following an order of removal, people are barred from entering the U.S. for five years.
Tourist Detentions at the U.S. Border: What International Visitors Should Know