Learn about your rights when encountering law enforcement at the airport.
Share this issue: Select a scenario Related Know Your Rights
At the border, you are likely to encounter Customs and Border Protection (CBP) officers, and you may encounter Homeland Security Investigations (HSI) agents. HSI is part of U.S. Immigration and Customs Enforcement (ICE).
Generally, customs officers may stop people at the border to determine whether they are admissible to the United States, and they may search people’s belongings for contraband. This is true even if there is nothing suspicious about you or your luggage. The government believes this authority to search without individualized suspicion extends to searches of electronic devices such as laptops and cell phones, but that is a contested legal issue. Officers may not select you for a personal search or secondary inspection based on your religion, race, national origin, gender, ethnicity, or political beliefs.
Share this scenario:Customs officers have the authority to ask your immigration status in order to determine whether you have the right to enter the country. If you are a U.S. citizen, you need only answer questions establishing your identity and citizenship, although refusing to answer routine questions about the nature and purpose of your travel could result in delay and/or further inspection. If you are a lawful permanent resident (LPR) who has maintained your status, you only have to answer questions establishing your identity and permanent residency. Refusal to answer other questions will likely cause delay, but officials may not deny you entry into the United States for failure to answer other questions. If you are a non-citizen visa holder or visitor, you may be denied entry into the United States if you refuse to answer officers’ questions. Officers may not select you for questioning based on your religion, race, national origin, gender, ethnicity, or political beliefs. If you are told you cannot enter the country and you fear you might be persecuted or tortured if you are sent back to the country from which you traveled, you should tell the customs officer about your fear and ask for asylum.
Share this scenario:Religious and political beliefs and associations are protected by the First Amendment. Customs officers have sometimes asked travelers about their religious affiliation, religious practices, association with religious institutions, and political opinions. The travelers targeted for such questioning have often been Muslim. Questioning individuals about their religious and political beliefs, associations, and practices can infringe upon rights guaranteed by the Constitution and federal law — these rights are not surrendered at the border. If you are a U.S. citizen or lawful permanent resident, you do not have to answer questions about your religious beliefs and practices or political opinions, and you cannot be denied entry to the United States for declining to answer such questions. If customs officers persist in asking you such questions, you can request to see a supervisor. If you are a non-citizen visa holder or visitor, you may decline to answer general questions about your religious beliefs and political opinions, but doing so may lead to delay or additional questioning, or possibly denial of your entry into the country. If you are told you cannot enter the country and you fear you might be persecuted or tortured if you are sent back to the country from which you traveled, you should tell the customs officer about your fear and ask for asylum.
Share this scenario:All visitors and lawful permanent residents are fingerprinted on entry into the United States from abroad.
Share this scenario:Your legal status in the country may inform what you decide to do if you are selected for longer questioning when entering the United States. U.S. citizens have the right to enter the United States, so if you are a U.S. citizen and the officers’ questions become intrusive, you can decline to answer those questions, but you should be aware that doing so may result in delay and/or further inspection. The same is true for lawful permanent residents: you generally cannot be denied entry to the United States, but declining to answer questions may result in delay or further inspection. Refusal by non-citizen visa holders and visitors to answer questions may result in denial of entry.
If the officers’ questions become intrusive or improper, you should complain and ask to speak to a supervisor. (This goes for citizens, lawful permanent residents, or non-citizen visa holders and visitors.) Although CBP takes the position that you are not entitled to an attorney during primary and secondary inspection, we encourage you to have the telephone number of an attorney or legal services organization with you and ask to contact them if you feel your rights are being violated or if you have been detained for an unusually long period. For anyone attempting to enter the United States, if a customs officer or border agent informs you that you are under arrest, or if it becomes clear that he or she suspects you have committed a crime, you should ask to speak to a lawyer before answering any further questions — and if you wish to exercise your right to remain silent, you should say so out loud.
