Traveling isn’t what it used to be for U.S. citizens who go abroad
for business or pleasure, as reentry into the country is a lot stricter.
As legislation continues to change and become more defined, it might pay
off to know what you can expect the next time you leave to go overseas—
Customs and Border Patrol officers have a lot more power than you might think.
What Are My Basic Rights?
If you’re a U.S. citizen, you will be allowed entry into the country
as long as you have your passport with you. That doesn’t mean, however,
that you won’t be delayed due to various methods of searching. There
has been a sharp increase in border inspections over the last few months,
and just because you reside in the U.S., it doesn’t mean you are
automatically let through.
If you are a green card or visa holder, you may find themselves subject
to random searches, or agents might notice something in particular that
makes them want to take some extra time looking through your belongings.
Although we all typically enjoy our constitutional right to be free from
unreasonable searches and seizures based on the Fourth Amendment, those
protections are much more limited when dealing with Customs and Border
Patrol officers.
Items That Can Be Searched
The authority that Customs and Border Patrol officers have over searching
your property and person is actually very broad and subjective. They have
the right to question you about your citizenship, can comb through all
of your belongings, look through your phone, and even perform a body cavity
search if they feel they have cause for suspicion.
At any time during their questioning, you are allowed to retain the services
of a lawyer, as long as you’re a citizen. Unless you are being charged
with a crime, a green card or visa holder does not automatically have
the right to request legal counsel.
Is a Line Drawn For Personal Information?
When it comes to electronic devices and the private information they might
hold, citizens have found themselves in a gray area. Technically, Customs
and Border Patrol officers are allowed to search through your phone or
laptop, and can even legally make a copy of your data.
Some individuals have found themselves being asked for their passwords
to their social media accounts, and whether this is lawful or not is not
entirely clear. Depending on your resident status, you may or may not
want to comply with their request. Foreign nationals trying to enter the
country could potentially be turned away if they do not cooperate, no
matter how sensitive their data is.
If you are an immigrant and if you are traveling, please let your lawyer
know beforehand so that you can get the best advice possible.
If you have questions about your rights or have concerns about your family
members being able to immigrate safely, contact Landerholm Immigration
today for experienced and compassionate legal help.
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