Italian Rock Band Denied U.S. Entry, Deported Trying To Reach Austin For SXSW Performance

AUSTIN, TX — Rain put a damper on SXSW Saturday, but nature was no match for man-made forces in inhibiting one band being denied entry into the U.S., briefly jailed and deported back to Italy by immigration officials.

Call it the Trump effect, as the president has called for a crackdown on immigrants seeking to enter the country.

Members of the Italian rock band Soviet Soviet posted a message to fans on Facebook explaining they were scheduled to perform next week at the Austin music festival but were denied entry in Seattle and deported on Thursday.

“The point is that the control agents who did a quick check on the concerts we informed them of noticed that two of the venues were asking for entry fees and this was enough to convince them that we needed work visas instead of an ESTA,” the band wrote.

An ESTA is an Electronic System for Travel Authorization required for such travel. In addition to its SXSW gig, the band explained, it was booked to play in Seattle and Southern California venues. The shows in Seattle, at Kremwerk, and in Los Angeles, at Echoplex, came with cover charges of $10 to $13.

But the band never made it past customs. According to band members, they presented their passports in Seattle with accompanying documentation showing they were traveling under the U.S. Visa Waiver Program, a letter from their U.S. record label saying they were to play for promotional purposes only and their invitation letter from SXSW officials.

Instead of being let into the country, members of the musical trio said they were interrogated by customs agents four hours before being deported.

“They declared us illegal immigrants even if our intention was by no means to look for work in the United States nor never go back to Italy,” the band said in a subsequent statement.

Band members added their cell phones were confiscated by customs agents, making it impossible to alert family members of their plight: “We spent the night in jail and had been escorted there as though we were three criminals. The following day, after having completed all jail-related procedures (mugshots, declaration of good health and signatures), two other agents came to get us.”

Soviet Soviet members were eventually handcuffed and booked on a flight back to Italy — "treated like criminals" — with their phones finally returned about an hour before the flight, they added.

The key to the kerfuffle appears to be money. The terms of their travel prevented the band from earning income, something the musicians insisted they had no intention of doing.

"We had not agreed on any payment whatsoever and the scheduled showcase performance at KEXP was most certainly not a paid performance," they wrote of a concert sponsored by a radio station. "The point is that the control agents who did a quick check on the concerts we informed them of noticed that two of the venues were asking for entry fees and this was enough to convince them that we needed work visas instead of an ESTA."

In a U.S. Department of Homeland Security statement, officials addressed the issue, explaining the need for handcuffs by customs agents after an outcry about the tactic from band members and their fans.

"When a traveler is deemed inadmissible, CBP makes every effort to return the traveler without delay," DHS officials wrote in a statement posted on the sponsoring radio station's website. "CBP does not have an overnight detention facility at the airport. Therefore, it is standard procedure for any traveler who is deemed inadmissible and is awaiting return travel to be taken to a detention center until return travel is available."

Here's the part about the use of handcuffs: "According to CBP policy, it is standard procedure to restrain a traveler who is being transported to a detention facility. The use of restraints on detainees during transport is in a manner that is safe, secure, humane, and professional. It is the responsibility of officers to ensure that the need and level of restraints used is consistent with the operational office’s policies and procedures. At no time are restraints used in a punitive manner or in a manner that causes detainees undue pain."

Despite their ordeal, band member were gracious while expressing a hope of one day allowed entry to play in the U.S.

"We would like to apologize to our fans, the owners of the venues, KEXP radio and the SXSW festival," band members wrote. "We would also like to apologize for having had to cancel our American tour and hope to go back soon."

The incident comes on the heels of a controversy over SXSW contract language by which foreign performers must abide, threatening to notify immigration officials should invited bands perform unofficial gigs not sanctioned by organizers. It appears the Soviet Soviet incident is unrelated to that contract language, but SXSW officials, under pressure, recently vowed to change the contract language going forward while reiterating their embrace of international artists.

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