In the current political environment, it’s crucial to understand your constitutional rights when entering the United States at an airport or land port of entry. Being informed about these rights can help protect you from potential mistreatment by U.S. Customs and Border Protection (CBP) agents. At Perry and Alznauer, PC, we are dedicated to guiding you through these rights, ensuring that you’re prepared for any challenges you may face at the border.

Your Rights During CBP Inspections

1. Racial, Religious, and Ethnic Discrimination is Prohibited

U.S. Customs and Border Protection (CBP) agents are prohibited from discriminating based on race, religion, national origin, ethnicity, or political beliefs. You cannot be stopped, searched, detained, or removed solely because of these characteristics.

2. Secondary Inspection Rights

If you are selected for “secondary inspection,” which typically involves more invasive questioning, your rights depend on your status:

U.S. Citizens: You are only required to provide basic identification and citizenship information. While refusing to answer additional questions may cause delays, it will not prevent your entry.

Lawful Permanent Residents (Green Card Holders): You must answer questions confirming your identity and residency status. Your green card cannot be revoked without an immigration judge’s decision.

Other Travelers: Refusal to answer questions could result in delays and possibly denial of entry, especially for non-citizens.

3. Search and Seizure of Belongings

CBP has the authority to search electronic devices, including laptops, mobile phones, and digital cameras, without any suspicion of wrongdoing. They also have the right to copy data from these devices. However:

·         U.S. citizens cannot be denied entry for refusing to provide passwords or allow searches.

·         Lawful permanent residents may face delays, but they cannot be denied entry unless they engaged in illegal activity after leaving the U.S.

·         Non-citizens may face denial of entry for refusal to cooperate.

·         If your device is searched or confiscated, write down the agent’s name, agency, badge number, and request a receipt for your property. You also have the right to request that the search be conducted in front of a supervisor.

4. Personal Searches

Invasive strip searches can only be performed if officers have reasonable suspicion of criminal activity. Any such search must be conducted in private.

5. Religious Head Coverings

If you wear a religious head covering, you are allowed to keep it on during security screening. If additional screening is necessary, you can request that it be done by someone of the same gender and in a private area. You can also choose to pat down your own religious head covering under supervision.

6. Fingerprints and Document Signing

All visitors and lawful permanent residents must provide fingerprints upon entry into the United States. You may also be asked to sign documents but be careful. Do not sign anything you don’t fully understand and be cautious about signing documents that waive any of your rights.

7. Asylum Requests

If you fear persecution or torture upon returning to your home country, you can request asylum. While this may extend your detention, it will prevent immediate deportation to a dangerous situation.

8. No Fly or Security Watch Lists

If you suspect that you have been added to a “No Fly List” or the “terrorist watch list,” which may result in frequent secondary inspections, you may want to follow specific procedures to challenge your status.

What to Do if Your Rights Are Violated

If you believe your rights have been violated or you have encountered mistreatment at any airport or land Port of Entry, there are several actions you can take:

·         Southern California (LAX and surrounding areas): Reach out to the appropriate authorities or contact our office for guidance.

·         Northern California (SFO, Oakland, Fresno, etc.): Contact us for advice on how to address any issues you have experienced.

·         San Diego and land Ports of Entry from Mexico: We can help you navigate any challenges you encounter.

·         Additionally, you may file a civil rights complaint with the Department of Homeland Security.

Final Thoughts

Understanding your rights at U.S. ports of entry is crucial to ensuring your safety and protecting you from mistreatment. At Perry and Alznauer, PC, we are here to assist you with any legal questions or concerns you may have about your rights during travel. Stay informed, and don’t hesitate to reach out if you encounter any issues or need assistance.