Is it Safe to Travel Internationally?

There have been recent reports of Customs and Border Protection (CBP) stopping and interrogating people coming into the country who have previously felt safe to travel. This includes people on long-term visas, permanent residents, and even citizens.

This week, a New York Times article explored how certain rights differ depending on citizenship or immigration status. The graph below is from that article. I encourage you to explore the entire article. If you don't already subscribe to the Times, you will need to create a free account to view the article. It is worth the trouble.

Is there a chance I won't be allowed back into the country?

CBP cannot deny entry to U.S. citizens.

CBP can deny entry to permanent residents or refer them to deportation proceedings (with or without detaining them) only in very limited circumstances, including absences from the United States over 180 days, certain criminal activity, or national security threats.

CBP can always require individuals with long- or short-term visas to demonstrate that they are in compliance with the terms of their visa. If you have any concerns about your compliance with the terms of your visa, you should seek individualized advice from an immigration attorney who specialized in your visa category.

What happens when a person is denied entry?

Some people who are denied entry are allowed to withdraw their application for admission and leave of their own accord. Others are given a "voluntary removal." Still others receive an "expedited removal" or are detained and put into removal proceedings.

If you have ever been denied entry to the United States, it is essential to know what type of procedure you experienced, as it could affect your eligibility to apply for a visa or other immigration benefits (such as an extension or change of status or naturalization) in the future.

CBP often does not provide people with documentation of their process, and the experience of some of the processes are very similar. Therefore, we routinely request records from the U.S. immigration agencies to determine which legal process was conducted and analyze the likely effects of that process on any current or future immigration applications.

Is it really legal for CBP to search my phone?

Yes. CBP has broad authority to inspect anyone entering the country, including citizens. This inspection can include asking questions and searching possessions, including electronic devices.

Recently, there have been concerns that CBP could be using these searches not only to root out criminal activity but also to look for information that could be used to go after non-citizens present in the United States whose information is on the citizen's phone.

What are my rights at the airport?

This ACLU article has an excellent summary of individual's rights at the airport, and it is available in ten different languages.

Do I have a right to an attorney if CBP detains me?

Generally, there is no right to counsel during a CBP inspection. Nevertheless, if that inspection leads to an arrest, you do have a right to counsel at that point.

Similarly, if you believe your rights are being violated, or if you have been in secondary inspection for a very long time, you should ask to speak to an attorney.

It is a good idea to have the number of an attorney or legal services organization on hand if you are concerned about being detained while attempting to enter the United States.

If you would like personalized advice on your risks of traveling internationally, please contact us to schedule a consultation appointment.