Detainees In Airports: An Ongoing Issue?

Being detained at an airport can be a distressing and overwhelming experience. Airports are high-security environments, and individuals may be detained for a variety of reasons, including immigration status, criminal activity, or possession of prohibited items. In the United States, the Department of Homeland Security has been criticized for enforcing a Muslim ban, leading to the detention of Muslim travelers at airports, even after a federal judge ruled against the deportation of those identified in the executive order. While the temporary restraining order against the immigration ban provided some relief, it only applied to a portion of the order, leaving room for continued scrutiny and detention of Muslim travelers. Understanding the legal rights and seeking appropriate legal representation are crucial steps for individuals facing detention at airports.

Reasons for airport detention

Airport detention can be a frightening and stressful experience, and it is often the result of various factors, including immigration status, security concerns, and legal issues. Here are some common reasons for individuals to be detained at airports:

Immigration Status:

• Committing a felony or serious crime outside the country of entry: An individual with a criminal record or who has committed a felony may be considered a security threat and be detained or denied entry.
• Threat to public safety or national security: If authorities believe an individual poses a risk to public safety or national security, they may be detained and subjected to additional scrutiny.
• Incorrect visa application: Entering a country with an incorrect visa or overstaying the permitted duration of stay can lead to detention and removal proceedings.
• Abandonment of lawful permanent resident status: Individuals who have abandoned their lawful permanent resident status (e.g., by staying outside the country for an extended period) may face detention upon their return.
• Failure to apply for asylum: Those who arrive at an airport without prior approval for asylum may be detained and processed for removal.
• Recent deportation: If an individual has been previously deported from a country, they may be detained upon their return and face additional legal consequences.
• Involvement in illegal activity outside the country of entry: Authorities may have access to information about an individual's involvement in illegal activity abroad, leading to their detention and potential removal.
• Missed immigration hearings: Failing to attend scheduled immigration hearings can result in detention and further legal proceedings.
• Illegal entry: Individuals who enter a country illegally or without proper documentation may be detained by border officials and face removal proceedings.

Security Concerns:

• Invalid or damaged travel documents: Expired passports, visas, or unclear/damaged biographical data can raise suspicions and lead to detention for further verification.
• Prohibited items in luggage: Carrying restricted items, such as drugs, alcohol, certain food items, or flammable/explosive substances, can result in detention and confiscation of these items.
• Excessive amounts of cash or undeclared valuables: Failing to declare large amounts of money or valuables when entering or leaving a country may raise suspicions of illegal activity and result in detention.
• Prescription medication: Some countries have strict regulations regarding medications that contain controlled substances. Carrying restricted medications without proper documentation or a doctor's note can lead to detention.
• Undeclared plants, pets, or exotic animals: Bringing living creatures into another country without proper declaration can result in detention and confiscation.

Legal Issues:

• Outstanding arrest warrants: Airport security personnel have access to databases that can identify individuals with outstanding warrants, even for minor issues like unpaid fines. Travelling with an active warrant can lead to detention and custody.
• Disorderly conduct and disturbances: Airports have heightened security concerns, and disruptive or violent behaviour can lead to detention and arrest to maintain the safety of passengers and staff.
• Flying under the influence: Being intoxicated before or during a flight is prohibited by federal regulations. If a passenger appears intoxicated and poses a danger to themselves or others, they may be detained and face legal consequences.
• Unpaid fines or back child support: In some countries, individuals with unpaid fines or back child support may be restricted from travelling and can be detained at the airport.

Rights of detainees

Being detained at an airport can be a distressing experience, and it is important to know your rights in such situations. Here is some information on the rights of detainees in airports:

During Detention

If you are detained by immigration or law enforcement at an airport, it is important to remain calm and remember your rights. You have the right to remain silent and do not have to answer questions about your citizenship, place of birth, residence, or documentation. However, refusing to answer questions may result in denial of entry into the country. If you are a U.S. citizen, you only need to answer questions establishing your identity and citizenship. Lawful permanent residents only need to answer questions about their identity, residency, and standard customs inquiries.

It is important to note that you do not have the right to an attorney during questioning about your immigration status. However, you can have an attorney present for unrelated questions. You have the right to speak to a lawyer before answering questions about your background or immigration status. If you have valid immigration documents, you should present them when asked.

Additionally, law enforcement cannot search you based on your race, gender, religion, or ethnic background. However, they can search you and your belongings if they have reasonable suspicion of illegal activity. Never consent to a search. If you are asked to sign any documents, read them carefully and do not sign anything without understanding the consequences.

After Detention

If you are arrested, you will be taken to an airport police holding area and processed like any other arrest. You have the right to remain silent and speak to a lawyer. Contact a criminal defense attorney to help you navigate the legal process and protect your rights.

Seeking Legal Advice

It is highly recommended to seek legal advice from an immigration attorney before travelling internationally, especially if you are not a U.S. citizen. An attorney can advise you on your rights and ensure you have the necessary documentation. If you encounter any issues during your travels, knowing your rights can help you navigate security checkpoints with confidence and avoid unnecessary complications.

Additional Considerations

It is important to verify if you have any outstanding warrants before travelling, especially when going abroad. If you have a warrant, seek legal counsel to obtain a "stay" or hold on the warrant to avoid potential arrest while travelling.

Know Your Rights

Understanding your rights as a detainee is crucial to ensure your safety and protect yourself from unfair treatment. Organisations like the National Immigration Law Center and the American Civil Liberties Union (ACLU) provide comprehensive resources on knowing your rights during encounters with law enforcement at airports and other ports of entry.

Immigration attorney's role

Immigration attorneys play a crucial role in assisting individuals who are detained at airports, especially non-US citizens, by providing legal guidance and representation. Here are some key aspects of their role:

Legal Assistance and Representation

Immigration attorneys can help individuals understand their legal rights and options under US immigration laws. They can represent their clients before an immigration judge, assist with filing the necessary paperwork and petitions, and request a bond hearing. Attorneys can also help collect evidence to support their client's case, such as documentation proving their legal status, family ties in the US, or potential dangers if they were to return to their home country.

Determining Eligibility for Relief

If a client is facing removal proceedings, an immigration attorney can help determine if they are eligible for relief from deportation, such as asylum or cancellation of removal. They guide their clients through the complex process of applying for asylum, ensuring they understand their rights and options. Attorneys can also assist with filing the necessary applications and petitions for relief.

Negotiating with Immigration Officials

Immigration lawyers are skilled negotiators who can advocate for their clients by preventing immediate deportation and securing their release from detention. They can negotiate with immigration officials on behalf of their clients, advocating for fair bond amounts or alternative options to detention. Their expertise helps navigate the system and ensure their client's rights are respected.

Providing Emotional Support

Being detained at an airport is a stressful and overwhelming experience, especially for those in a foreign country. Immigration attorneys provide emotional support and guidance during this challenging time, helping them navigate the process with confidence. They can offer a sense of reassurance and help individuals feel empowered in a difficult situation.

Pre-Travel Consultations

Before travelling internationally, individuals who are not US citizens are advised to consult with an immigration attorney. Attorneys can provide crucial advice and help identify potential issues that could impact their travel, such as criminal records or inconsistencies in prior immigration applications. This proactive approach can make a significant difference in ensuring a successful return to the US and avoiding potential barriers to entry.

Detention facilities

The Department of Homeland Security (DHS) and ICE work together to ensure compliance with these standards through daily on-site compliance reviews to identify any issues and facilitate corrective actions. All facilities that house noncitizens detained by ICE are required to adhere to strict detention standards.

Detention in these facilities is non-punitive, and individuals are typically held while their immigration status is determined. This includes those who are subject to mandatory detention or deemed a flight risk. However, when an individual is not considered a risk, ICE may release them with certain conditions. The decision to detain or release is made on a case-by-case basis, taking into account various factors such as medical conditions, humanitarian considerations, and whether the individual is a primary caregiver.

It is important to note that individuals detained at airports have specific rights, such as the right to refuse to sign documents they do not understand and the right to request an interpreter. Consulting with an immigration attorney is often recommended to understand one's rights and navigate the complex immigration system.

Avoiding detention

Being detained at an airport can be a stressful experience, and while it's not always possible to avoid, there are some steps you can take to reduce the risk and know your rights. Here are some tips to help you navigate this situation:

Know the Reasons for Detention

Understand the common reasons for airport detention. These can include issues with your visa, criminal history, travel plans, or security concerns. For example, individuals who have committed a felony or serious crime outside the US, pose a threat to national security, or have the wrong type of visa may be detained. Knowing these reasons can help you identify and address any potential issues before your travel.

Consult an Immigration Attorney

If you are not a citizen of the country you are travelling to, consider consulting an immigration attorney before your trip. They can advise you on the necessary documentation, ensure you understand your rights, and help you navigate any potential issues related to your specific circumstances. This is especially important if you have any concerns about your immigration status or history.

Understand Your Rights

Know your rights as a traveller, which may vary depending on your citizenship status. For example, while US citizens have the right to an attorney, non-citizens may not. However, regardless of citizenship, it is illegal for law enforcement officers to detain you or search your belongings based solely on your race, national origin, religion, sex, or ethnicity. Understanding your rights can help you navigate the detention process and ensure you are treated fairly.

Avoid Joking or Being Uncooperative

When interacting with customs and border protection officers, it is important to remain calm and cooperative. Avoid making jokes, even if you are feeling stressed or nervous. Remember that the officers are doing their job, and being uncooperative or joking about security threats can prolong your detention or lead to further complications.

Be Prepared for Delays

Airport detention can take anywhere from half an hour to several hours, and in some cases, you may need to extend your trip to acquire the necessary paperwork. Be prepared for these delays and the possibility of missing your flight. It is important to stay calm and work with the appropriate authorities to resolve the situation.

Frequently asked questions