How to reduce the risk for yourself?
- Make sure to remain calm during your interaction with immigration officers and do not lie or provide false documents.
- Under no circumstances attempt to flee a checkpoint.
Your Rights
- You have the right not to answer questions and may inform the officer that you will only speak in the presence of an attorney, regardless of your immigration status or citizenship.
- You are not required to provide information about your immigration status unless you have a visa or another temporary U.S. stay permit. If you are a non-immigrant, you must answer questions about your status if asked.
- Normally, a U.S. Customs and Border Protection (CBP) officer may only detain you if there is reasonable suspicionthat you have violated immigration or federal laws.
- For an immigration officer to arrest you, there must be probable cause based on concrete facts indicating a possible violation of immigration or federal law.
- At border checkpoints, officers may briefly detain you without prior justification to ask short questions about your immigration status and to conduct a visual inspection of your vehicle.
What to Expect
- Individuals who entered the U.S. without being inspected by an immigration officer may face expedited removal if they meet certain criteria. If you are informed that you are in this situation, request a detailed explanation. Additionally, if you believe your life is at risk upon returning to your home country, inform the authorities immediately.
- At border checkpoints, federal authorities have the power to conduct inspections without a judicial warrant or suspicion of a crime. These inspections, considered “routine” by the courts, may include checking your luggage or vehicle.
- If an officer requests documents, the requirements depend on your immigration status. U.S. citizens do not need to carry proof of citizenship within the country. However, individuals with valid immigration documents who are over 18 must carry them and present them if requested by an officer. Undocumented immigrants may choose not to show documents, although this could lead to further questioning by the officer.
