The Tartan Army has been warned by a top US immigration adviser that they face instant deportation if they misbehave at the World Cup.
Tiffany Derentz claims an arrest could immediately put a fan in Boston or Miami on the first plane home – with a zero tolerance app-roach to foreigners under Donald Trump’s hardline presidency.
Derentz has also warned that any supporter who lied in their ESTA could come unstuck as they try to pass immigration.
Despite the world-famous good behaviour of the Tartan Army, no special concessions are being given by the US to football fans who overdo the partying and commit public order offences.
Derentz is a partner in corporate law firm BAL and was a senior adviser USA’s Bureau of Consular Affairs.
She said: “If fans become so unruly that they are arrested and charged with a crime under US laws, they could be subject to deportation based on those criminal charges. This is possible depending on how unruly and disorderly fans become.”
View 4 ImagesUS Immigration expert Tiffany Derentz
Derentz said no special dispensations will be applied at immigration desks just because travellers have tickets for the World Cup.
She said: “The underlying US immigration laws are still very much intact. Even where discretion is permitted, the government has not announced any policies publicly that would allow for more favourable discretion be exercised for fans with past criminal activity.”
Derentz made clear that anyone who lied about their criminal record at the point of getting a £32 ESTA to travel could be stung at the other end. She said: “When submitting an immigration application, individuals certify that the information provided is true and accurate to the best of their knowledge.
“Misrepresentation on an ESTA or visa application can have serious consequences. If discovered later, it may result in a finding of fraud or misrepresentation and potentially permanent inadmissibility to the United States, however, outcomes depends on the specific facts of each case.
“Answering ‘yes’ (to a question about criminal record) on an ESTA application will often result in a denial, requiring the individual to apply for a visa instead. On a visa application, however, a “yes” answer does not automatically lead to a denial but typically leads to additional questioning and review of criminal/court documentation.
“Even with an approved ESTA, travellers may still be questioned at the port of entry. If undisclosed criminal history comes to light, they can be denied admission and, in some cases, may face removal and a multi-year bar from returning to the United States.”
Derentz said US law distinguishes between mere arrests and convictions, as well as minor and more serious offences – and takes a very dim view of “crime involving moral turpitude” or drugs offences.
View 4 ImagesScotland fans during a match between Scotland and Hungary at the Stuttgart Arena, on June 23, 2024, in Stuttgart, Germany. (Photo by Craig Williamson / SNS Group)
She said: “These typically involve offenses with an element of fraud or an inherently evil intent, not mere negligence. When determining whether to issue a visa or not, the government takes into consideration how recent the offence was.
“The more time that has passed, generally the better, though there is no set rule on timing.”
The latest warnings follow developments that saw many fans suffer bombshell last-minute changes to ESTA travel permits that could prevent them from travelling tin the first place.
Dozens of fans who filled out the form have said on social media that their application status had changed this week from “approved” to “travel not authorised”.
Scott Braid, 43, from Kirkcaldy, was due to fly out to Boston on June 12 with his wife and two kids.
He applied for his ESTA and once it was approved he thought he was “good to go” and booked the “once-in-a-lifetime trip”.
He said: “Out of the blue on Tuesday, I got an email that said there’s been an update on your ESTA status.” He said it had moved from approved to pending and two hours later it changed to “travel not authorised”.
View 4 ImagesSome fans’ application status was changed(Image: Supplied)
Scott said he is especially frustrated given that he had a previous ESTA that expired in 2024, and he travelled to America in 2023 with no issues.
Scott said he is encouraging his family to go ahead with the trip in the hope he will be able to join them part-way through after securing a visa appointment in Belfast next week.
Acting assistant secretary of Homeland Security Lauren Bis said the tightening of granting ESTAs was because “the Trump administration is enforcing immigration laws.”
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Scotland kick off their World Cup campaign on June 12 against Haiti, followed by matches against Morocco and Brazil.