International travelers arriving in Hawaii once again report that they’re finding out the hard way that U.S. border rules don’t make exceptions for good intentions. In some cases, international visitors—especially younger backpackers and budget minded travelers—are concerned about being detained and sent home after immigration officials determine they may be planning to engage in “work,” even if unpaid.
That’s precisely what happened to Australian traveler Madolline Gourley. Her story resurfaced in this week in Yahoo News Australia, as renewed scrutiny over the detention of two German backpackers in Honolulu reignited discussion about how U.S. officials handle unpaid work by foreign visitors.
After successfully visiting the U.S. multiple times over several years to cat-sit in exchange for free accommodation, she was stopped while transiting through Hawaii to Canada.
Despite not receiving any money for her stays, officials at a U.S. airport determined that what she was doing amounted to unauthorized work. She was detained for hours, her visa waiver was revoked, and she was ultimately deported.
That discussion was reignited after two German backpackers were detained and deported in March 2025 at Honolulu Airport—a case we previously covered in Why These Hawaii Travelers Were Jailed and Deported.
The German backpackers ran into trouble after landing in Honolulu. They say they were strip-searched and locked up in a facility typically used for immigration holds. Their offense? Authorities suspected they might attempt to work during their stay, even though the travelers claimed they had no such plans.
These cases ignite concern and confusion about what exactly qualifies as “work” at the U.S. border, especially when travelers enter via Hawaii. While the Honolulu location gives these stories a Hawaii-specific twist, the enforced rules are federal and apply at every U.S. port of entry.
Unpaid work is still work.
It may come as a surprise, but offering to house sit, volunteer, or help out around someone’s property in exchange for free lodging or meals is often considered work under U.S. immigration law. That includes arrangements made through platforms like WWOOF, where travelers (“Woofers”) work on farms in Hawaii in return for accommodations and food.
And it doesn’t matter whether it’s a job listed on a website, an arrangement with a friend, or something as informal as watering plants or feeding pets. The thinking is simple: if someone in the U.S. would normally be paid for that job, then offering to do it—even unpaid—still counts as labor. And without a appropriate and specific work visa, that violates visa-free entry rules like the ESTA program used by citizens of Australia, Germany, and many other countries.
That technicality has had lasting consequences for travelers like Gourley, who can no longer enter the U.S. on a visa waiver. In her case, it’s not just that she can’t pet sit again—she can’t even pass through the U.S. en route to somewhere else easily, including Hawaii.
Why this is happening now.
Immigration attorneys say these crackdowns aren’t entirely new but appear ramped up. The U.S. Department of Homeland Security has increasingly focused on what it sees as misuse of visitor privileges, especially regarding short-term labor, gig-style work, or barter-based travel.
Backpackers and younger travelers, including many arriving in Hawaii, tend to be disproportionately affected. Officials may search bags, review social media or travel apps, and even scan phones for evidence of prearranged stays, tasks, or exchanges.
That doesn’t mean everyone will be questioned or searched. But those flagged, especially if they mention pet sitting, house sitting, au pairing, or anything remotely similar in their plans, can face immediate denial of entry, cancellation of travel documents, and in some cases, a ban from returning without a full visa.
What travelers need to know before coming to Hawaii.
If you’re coming to Hawaii from abroad, the safest path is to avoid any arrangements that could be interpreted as work. That includes volunteering, working for free, or helping out in exchange for lodging or other benefits.
Even seemingly harmless activities—like watching a friend’s pets or helping run an Airbnb—can be flagged if immigration authorities believe they were planned in advance, or involve tasks someone would generally be paid to perform. Explaining that it’s “just helping out” is unlikely to change the outcome if you are questioned, and the situation fits the definition of work.
If you’re using a visa waiver (ESTA) to enter the U.S., including for a Hawaii vacation, it’s especially important to be clear and consistent with your travel purpose: leisure only.
Travelers should also be aware that digital searches at the border are becoming more common. Immigration officers can ask to inspect everything from your phone or laptop, to emails, notes, and documents. You can’t refuse the search without forfeiting your ability to enter the country.
Hawaii residents face scrutiny abroad, too.
To be clear, this isn’t just a one-way problem. Hawaii residents traveling internationally have faced similar issues entering other countries, especially when visiting places with strict labor laws like Australia, New Zealand, or Canada.
Some have been pulled aside and asked detailed questions about their plans, finances, and even whether they’ll be working remotely during their trip. BOH editors have recently been asked about what they were doing when traveling abroad while researching articles.
One of BOH’s readers recently commented that her husband was detained in Australia and questioned for nearly two hours about whether he planned to take photographs intended for commercial purposes.
So, while this current crackdown is happening on U.S. soil, many countries are stepping up enforcement, particularly around gray zones like remote work of many types, house swaps, and volunteer tourism. Hawaii may be one of the more visible entry points where these confrontations are playing out but it doesn’t stand alone.
What to expect next—and what readers told us.
Hundreds of readers weighed in on our last article on the German backpackers deported from Hawaii. Some supported the enforcement, arguing that rules are rules and visitors must comply. Others felt the treatment was unnecessarily harsh and out of step with the spirit of aloha.
One commenter, Robyn, said: “They were treated like criminals when all they wanted was a vacation. It’s embarrassing.”
But another reader, Jon, pushed back: “The rules have always been there. You just can’t work—even for free—on a tourist entry. That’s not new.”
The truth lies somewhere in the tension between enforcement and empathy. The rules are federal and have long existed, but how they’re being enforced—and who is being targeted—feels new to many travelers.
Gourley has since received a work visa for Canada but can’t return to the U.S. without applying for a formal visitor visa. She must now declare her deportation status on every new country’s arrival forms. Her story reminds us that a misunderstanding at the border can follow you long after the flight home.
What about volunteering in Hawaii?
Travelers recently asked us if volunteering in Hawaii is permitted during a tourist stay. The answer appears to be somewhat vague and depend on the context. Short, informal acts of volunteering—like joining a beach cleanup or community event during your visit—are generally considered low-risk.
However, more structured or ongoing roles, especially those arranged in advance or involving manual labor, may still be flagged as unauthorized work under U.S. immigration rules. A key point seems to be that if there’s any form of exchange, even any free meals or housing, it may cross the line.
When in doubt, it’s safest to avoid volunteering unless it’s non-remunerated in any form, incidental, public, and clearly within the scope of a vacation. Without doubt, this is now more complicated, whether heading to the U.S. or traveling abroad.
Final thoughts for Hawaii-bound travelers.
If you plan to visit Hawaii from abroad, ensure your itinerary focuses on tourism. Don’t rely on outdated advice or assume that unpaid arrangements are safe. U.S. immigration law is strict, and the consequences of getting it wrong can be lasting, stressful, and expensive.
Have you or someone you know ever been denied entry to Hawaii or another country? We’d love to hear your experience in the comments.
Get Breaking Hawaii Travel News
I was refused entry (which is what these tourist experienced, not “deportation,” because they didn’t technically enter the USA) into Canada 20 years ago because I said I was going to give a workshop to a Canadian NGO through my own position at a US-based NGO. I was not going to be paid by this NGO for the workshop, and in fact had just hired a Canadian citizen to work with this NGO after I left. The immigration official said I needed a work permit/visa to give an unpaid workshop, which I didn’t have, and was denied entry after several hours of interrogation. The official said “your people do this to us all the time,” and seemed to be using me as an example. Whenever I visit Canada even two decades later I am pulled for secondary questioning. When I asked just a couple of years ago if I could ever get this issue expunged from my record, the officer said, “when a kid colors on a wall with crayons, every time you see them with crayons you think they’ll do it again. So, no.” Sigh.
The three travelers were not deported. They were “returned” to their country of origin, all according to immigration law.
What this means, don’t be ignorant of the rules of the game. Nice guys finish last, or in jail. Visit is for leisure purposes only. Have a written sheet printed out where you’ll be staying and what you’ll be doing. Don’t elaborate when questioned. Look the questioner in the eye and don’t fidget. If you’re uncomfortable, ask to go to the bathroom. It’s been a long trip and you just walked nearly 3/4 of a mile from gate C8 to immigration.
Thank you for for re-sharing my story and drawing attention to the bigger issue here. Arrangements like house and pet sitting, WWOOF, and Workaway require the traveller to have a work visa or they risk being refused entry. Or worse—held in a detention facility and deported.
Some of the reporting about my situation isn’t quite right (e.g. I have never been to Hawaii) so I would encourage anyone who wants to know more to read my blogpost:
https://onecatatatime.co/an-unfortunate-start-and-end-to-my-most-recent-cat-sitting-holiday/
If you volunteer as being a tourist to Hawaii is it considered a job or work situation if you take a free bottle or glass of water to rehydrate from some local? After all a bottle of water is considered something of monetary value and could be considered payment. It is considered food for work performed. Should a person just refuse the water? I always empty waste cans, fold dirty towels, and pull up bed linens etc. just prior to checking out of a hotel. I try to leave it the way I saw it when I arrived. Is this not allowed because it is something else someone is paid to do? IMO this might mean more filthy hotel rooms and such because tourists will be afraid to do anything that falls into an employee’s job description. What about free room upgrades for problems? Is that considered pay for the inconvenience to switch rooms? Sorry the list may never end. Tourist’s please do Nothing. Repeat Nothing.
Don, The term “work” broadly means “all physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer.” Gonzalez v. Tanimura & Antle, Inc., 2008 U.S. Dist. LEXIS 83326 (D. Ariz. Sept. 29, 2008)
Thanks Gord. You mentioned work is considered any physical or mental exertion. Could a US citizen be sent back to his/her state if a customer assisted a cashier in returning the correct change to a himself? If this power is segmented down to hotel staff, restaurant workers and store employees then it would be the perfect plan to demanding anyone to leave the state of Hawaii if and when no questions asked and no refunds on reservations. IMO just another rule or situation for Hawaii to send a tourist home or where they came from and to control what tourist’s can do. Physical and mental exertion really can constitute anything. Sorry now I can’t even ask to be handed another roll of toilet paper in that a hotel maintenance workyaer has to deliver and install it not me.
educating oneself on what is defined as work in the country that you’re travelling if you decide you want to volunteer. Like in Hawaii, if you volunteer at a farm in return for food and accommodations, then as a foreigner, you need a visa to do that. Leaving your hotel room it the way you found it, is helpful to the cleaning staff that the hotel has hired to clean the room, however they still have to clean your room and they are being paid for it, your not taking their job. Free room upgrades and changing rooms has nothing to do with working without a visa, unless I misread what you meant. A person should Educate themselves on what the country deems as the definition of work for a foreigner, its that simple.
It wasn’t too long ago that the Hawaiian officials asked visitors to volunteer some time of their stay and help for the common good.
Now, stating that you intend to volunteer upon arriving in Hawaii can get you deported! Is that what the governed meant?
Presenting this as you did seems to be wrong. This happens every day in many countries and it is usually only amped up if they lie first.
This is not new. This is not a US Thing. And this is Not a President Trump Administration thing. I traveled for business for many years and Canada has Very Strict work visa rules. I saw many people especially young backpackers pullled out of line and put in “the little room “ escorted by Canadian Border Agents.
Why is this only in Hawaii and none of our other states? On my 2 trips to Hawaii from AZ I was never asked or detained about my trips. I am really questioning this article and wondering if this is true?
I have never been detained nor questioned about my plans when I visited Canada or Mexico.
Why is this happening and only in Hawaii and none of our other states or countries in North America?
The reason you are not questioned is because coming from the mainland you are not going through customs. State to state is easy. But if you come from another country then you are going through customs
Evan, the one good thing about this dragging on is that it will remind youngsters who are not familiar with travel to read and understand the rules. It is a very common restriction in most countries. I suspect this case came to light as the visitor did not have sufficient funds to pay for their time in the USA and was performing this service to receive free board and lodging. Many people are critical of the restrictions even for charitable acts but unfortunately there are many bad actors who would try to get round the law for people smuggling by saying it was charitable.
Mike C, the US Federal definition includes the performance of services not the provision. Thus one could argue that a visitor who owns a US property is not working by exchanging or renting their property however should they undertake to perform a service such as changing a broken light bulb then that would likely be interpreted as work in most jurisdictions. The issue is that most immigration law law was written before remote working was possible. If you take a black letter position then a foreign company manager on vacation who reads an email and replies whilst sitting on the beach is working within the broadest definition.
Rich, you make excellent, and chilling, points regarding property owners and remote workers. If we can trust those who enforce immigration law to act with common sense, then we are OK. But that ship sailed 100+ days ago. The opportunity to use these outdated laws to ensnare people selectively is too dangerous to ignore.
GTR, yes it definitely would. The State could find itself in trouble with that unless it was carefully set up as a charitable activity with legal clearance it would not break immigration law as inciting a visitor to break the law could be seen as an inchoate offense.
The hotel is offering an extra night if you book with them they are not paying the guest, its different than If the Malama Hawaii project was providing free accommodations for the volunteering then that would be crossing that line.
Aloha,
I am Canadian, and Yes you will be denied entry or deported for pet sitting, you are taking a job away from an American. Every country in the world provides a website full of information on entry requirements, lengths of stay, howmuch money you need to have, how long your passport needs to be valid for once you enter, some countries are 6 months , some are only required to be valid for the length of your stay. Read the rules before you go, apply for a visa if you need it, be smart and on guard when your travelling. Customs officers are allowed to go through your things and look into your phone. If they dont like what they see, they dont have to let you in, its their job to protect the border, thats what they are paid to do, The German girls that were detained, we dont know what the customs officers saw to lead to their decision, the pet sitter, its a job get a visa.
My brother sold and packed everything in a 5th wheel to go live and work on daughters farm in Canada w/o paper work. Got stopped and sent back to USA. Never got in. Rules same in other countries.
I was surprised to find this information about so called ‘work’. I grew up in an era when the spirit of adventure meant grabbing a back- pack and seeing the world by traveling and working along the way to pay for the trip. What has gone wrong in society that this is not allowed anymore? I am glad that I am too old to travel in any form now-a-days. Who knows what will be a ‘crime’ next.
9/11 changed the way a lot of this stuff started getting enforced. What we all “remember “ from the 60’s 70’s 80’s is irrelevant. Has nothing to do with the current administration etc it’s just the time we live in..no different than being able to meet or drop off guests at the gate in an airport.
So much for “volunteerism”. It seems we’re doing everything we can to frustrate any sense of community. There are true volunteers who want to help and aren’t just trying to circumvent immigration and labor laws. We should find a way to facilitate that
Give me your tired, your poor, your huddled masses yearning to…. Oh, hell. Just stay away. Forget the spirit of Aloha. We are now a nation of nativists, better than any of the undesirable foreigners who soil our country. We are changing our institutions of learning into institutions of indoctrination and obliterating the agencies and regulations that protect our health and safety, while transferring the resources to the most wealthy among us. The ugliness knows no boundaries.
Actually, this very well researched article says anything but that and I’ve read carefully it in full. Should we say the same about Australians and other nations that enforce their immigration laws or we’re the only bad guys?
If one gets free accommodations in exchange for doing some tasks, it is getting paid – you get a benefit for doing something. And this is true, as the article states, in many other countries. Australia is quite strict. On comments last week, some said it does not occur in other countries – wrong. I guest house exchanges are very similar?
House exchanges are different, as long as no money is exchanged like no rental income or any services are provided.
What about the incentives offered by hotels for a free extra night if a visitor volunteers for a Malama Hawaii project, promoted by Go Hawaii? It almost seems this could cross that line.
She was deported long ago… and we’re still talking about it? That should tell you something about how relevant and unclear these rules remain to this day, at least for those not super aware. I’d honestly not even considered all these nuances before but will after this.
We previously looked into hiring WWOOFers for our farm on the Big Island. Didn’t realize it could cause issues for the travelers themselves. Good to know before we even consider trying that again.
WWOOF is considered volunteering, laws are different in each country they operate in. I believe, Canada, US, Australia and UK classify it as work because you would be providing food and accommodation in return for work. WWOOF states that its your responsibility to check whether a visa is required and what kind. Some countries have a working holiday visa they offer, like Australia and New Zealand, which are quick and easy to get, not sure if US does and Canada has the same type of Visa.
Honestly shocked this ever happened over pet sitting. I’ve done house swaps before and never even thought twice about it. Makes me wonder how many of us have just gotten lucky at the border.
As a foreigner and a frequent visitor to the United States I do not understand why this is still dragging on. ESTA visa free travel and B2 and B1 visitors visas which predated ESTA make it very clear that Tourism or Business Meetings are permitted but any form of work whether paid or not is prohibited. As a lawyer I quite understand that in this instance this clearly qualifies as work in that the free accommodation is consideration for the pet sitting services. The UK, Japan and many other countries have exactly the same rules. It is up to the traveler to read the application and follow the rules.
As a lawyer, surely you understand the de minimus concept. Cat sitting was no depriving anyone of a job. It’s the venal aspect of it all.
Give me your tired, your poor, your huddled masses yearning to…. Oh, hell. Just stay away. Forget the spirit of Aloha. We are now a nation of nativists, better than any of the undesirable foreigners who soil our country. We are changing our institutions of learning into institutions of indoctrination and obliterating the agencies and regulations that protect our health and safety, while transferring the resources to the most wealthy among us. The ugliness knows no boundaries.