As expats question US travel, an immigration lawyer weighs in on the risks

Anna*, an American professional based in Prague, had always planned to be there when her sister’s baby was born in New York. But instead of booking flights, she and her Czech partner are staying put in Prague. The reason? Uncertainty and fear of detention at the border. (*Name has been changed.)

“He’s never been to the U.S. before, and while he’d normally be eligible to travel on an ESTA [Electronic System for Travel Authorization], the idea of him being detained—especially after seeing what’s happening to German citizens—just doesn’t make sense,” she says. Given her vocal criticism of American President Donald Trump's administration, Anna believes the risk is too great.

Anna isn’t alone. Gail, an American mother of a transgender child whose partner is Danish, had hoped to return to the U.S. regularly after her first visit in seven years. “That trip replenished my soul,” she says. “I made a plan to return every year. But the current climate has thrown her family's future travel plans into question.

From concerns about increased scrutiny at the border to official warnings from European governments about travel to the U.S., Czechia-based expats are weighing whether it’s safe—or even worth it—to visit their home country.

This growing unease isn’t just anecdotal. Immigration lawyers and travel experts say they’ve seen an uptick in expats’ concerns about navigating the current political landscape in the U.S., especially in light of the current administration’s unpredictable policies and the recent detainment of European travelers at the border.

We spoke to legal and immigration professionals and officials from the U.S. Embassy and Czech Foreign Ministry to find out if current fears about travel to the States are justified.

Carly, a Prague-based expat with a Czech-American family, is planning a trip to the U.S. in June. While she’s set on traveling, she’s still “trying to figure out“ whether an ESTA or a visa would be the better option for her Czech husband.

Juan Chaves Pernett, a U.S. immigration attorney based in Prague, explains that neither a visa nor an ESTA guarantees entry—border officials have the final say. “If your activities in the U.S. go beyond what ESTA allows, or if you’ve previously had a visa or ESTA denial, applying for a visa may be the safer choice,” says Pernett.

While the ESTA is easier and cheaper, a visa provides more flexibility and generally faces less scrutiny at the border, he adds.

Pernett does warn that Czech nationals married to U.S. citizens may face extra vetting especially if they don’t have strong ties to their home country. “Immigration officers often presume intent to immigrate,” he says.

Another major issue expats and their European partners should consider is remote work. Some travelers believe they can work remotely for a foreign employer while in the U.S. on ESTA or a tourist visa, but Pernett says this may be risky.

“Unauthorized work, even remote work, can result in visa denial, deportation, and bans on re-entry,” he explains. “If you bring significant work equipment, border officials may suspect you intend to work. It’s best to be clear about your purpose of travel and avoid anything that could be misinterpreted.”

Even U.S. citizens aren’t immune to questioning. While they can’t be denied entry, they can be referred to secondary inspection, particularly if they have a criminal record. “Something as minor as a past marijuana conviction combined with a trip to Amsterdam could raise red flags for border officials,” says Pernett.

Pernett also notes that that officers are within their rights to review your digital presence or inspect your phone and apps during a secondary inspection at the border, meaning travelers should be mindful of what they post online.

Pernett’s advice aligns with the latest updates from the U.S. Embassy in Prague, which has intensified its messaging on visa compliance. A recent embassy Facebook post reinforced strict entry regulations, surprising some travelers.

In an interview with Expats.cz, a spokesperson from the embassy reaffirmed the government’s commitment to security measures. “The Department of State is dedicated to protecting our nation and its citizens by maintaining the highest standards of national security and public safety in the visa process,” the spokesperson said. “All travelers to the U.S. undergo thorough security screening.”

At press time, the Czech Ministry of Foreign Affairs had not issued any official travel advisories. Ministry spokesperson Daniel Drake told Expats.cz that despite advisories from neighboring countries such as Germany, Czechia had no immediate plans to follow suit. “We are monitoring the situation closely,” he said.

In response to questions about mixed-nationality families traveling to the U.S., the embassy reiterated key requirements for American citizens and their children born abroad. The spokesperson clarified that U.S. citizens—regardless of dual or multiple nationalities—must enter and leave the country on a valid U.S. passport.

For children born abroad to an American parent, the embassy stressed that they must be documented as U.S. citizens before travel, advising parents who plan to travel to the States and haven’t done so already to apply for both a Consular Report of Birth Abroad (CRBA) and a U.S. passport as soon as possible.

Several European countries have issued travel warnings for the U.S., citing concerns that certain groups, including transgender travelers, may face increased scrutiny at the border due to policies and rhetoric linked to Trump.

Trump’s executive order defining gender strictly as male or female has raised fears that transgender and non-binary travelers—especially those with an “X” gender marker—could face additional questioning or even denial of entry.

These concerns hit close to home for families like Gail’s whose child has an “X” gender marker in their U.S. passport but is registered as male in their UK and Danish passports. This has left her uncertain about the safest way to travel. (“Would it be safer to enter as a UK citizen with a male designation or as a U.S. citizen with an ‘X’?” she wonders.)

For families traveling with transgender children, Pernett advises caution. “President Trump’s agenda reflects a strict stance against trans rights and inclusion,” he said, adding that policy will continue shifting in that direction—the only question is to what degree.

“In cases like seeking medical treatment, the risk may be worth it,” he said. “For tourism, I’d carefully weigh the pros and cons.”

For Gail and families in similar situations, this policy clash creates a difficult decision: whether to follow the embassy’s advice to travel on a U.S. passport or risk potential complications by using a passport from another nationality.

Knowledge, transparency, and preparation will remain key when navigating the current U.S. travel landscape. Pernett emphasizes that while most travelers have little to worry about, understanding the potential risks and knowing what to expect can help make the process smoother and reduce the chances of misunderstandings.

Still, the tension between adhering to official guidance and navigating the unpredictable realities at the border will continue to be the new normal for mixed-nationality families traveling to the U.S. for the foreseeable future.

For Anna the risk of travel to America currently outweighs the reward. While some family members think she’s overreacting, she sees it differently.

“At the end of the day, why would we travel to a place that’s violating human rights?”