Owais Crawford
Permanent residents and citizens have different rights and requirements when entering a country. Customs officers have the authority to ask travellers about their immigration status, and travellers may be denied entry if they refuse to answer officers' questions. However, permanent residents and citizens have the right to decline to answer questions about their religious beliefs, political opinions, and other intrusive questions. Additionally, citizens cannot be denied entry to their country of citizenship. Mobile Passport Control (MPC) and Customs and Border Protection (CBP) Preclearance are available to citizens and permanent residents to expedite the entry process into the US.
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What You'll Learn
Lawful permanent residents' rights at the border
Lawful permanent residents, also known as "green card" holders, are aliens who are lawfully authorised to live permanently within the United States. They have certain rights when entering the US at the border.
Firstly, lawful permanent residents are entitled to use the Mobile Passport Control (MPC) app, which can be downloaded for free from the Apple App Store or Google Play. This app helps to expedite the travel process when entering the US and facilitates import inspections. However, it is only available at MPC-approved sites, and if your flight is diverted to an airport that does not use MPC, you will not be able to use the app.
Secondly, lawful permanent residents have the right to refuse to answer questions about their religious or political beliefs and practices. Questioning individuals about these topics can infringe upon rights guaranteed by the Constitution and federal law, and entry to the US cannot be denied for declining to answer such questions.
Thirdly, lawful permanent residents only need to answer questions establishing their identity and permanent residency when entering the US. Refusal to answer other questions may cause delays but will not result in denial of entry if identity and residency are established.
Additionally, lawful permanent residents have the right to refuse to remove their religious head coverings when going through security. They can request to pat down their own head coverings in private, and a TSA officer will supervise. After the pat-down, the officer may test for chemical residue, and if this test is passed, the resident should be allowed to proceed.
It is important to note that lawful permanent residents are fingerprinted on entry into the United States from abroad. They also have the right to ask for a translator if they encounter forms in a language they do not understand, and they should not sign any documents they do not understand to avoid inadvertently giving up their rights or status.
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Expediting the customs process
One way to expedite the customs process is through the Mobile Passport Control (MPC) program. MPC allows travellers to submit their passport and travel details in advance through a mobile application, enabling officers to process travellers more efficiently and reducing wait times. MPC is available at most major U.S. airports, but it is important to check if your airport offers MPC processing before departure. Additionally, travellers should be aware that MPC does not replace required travel documents such as passports and visas, which must still be presented upon request.
Another option to expedite the customs process is through the Trusted Traveler Programs, such as Global Entry. These programs provide modified screening and facilitate faster processing for pre-approved members. However, members may still be selected for further examination when entering the United States, and any violation of the program's terms and conditions can result in termination of membership privileges.
In general, there are several strategies that travellers can employ to expedite the customs process. Firstly, it is advisable to fill out all customs and immigration control forms as soon as possible, either online or on the plane. Having the necessary documentation readily available, such as passports, visas, and customs control forms, can streamline the process. Additionally, opting to take the stairs instead of the elevator can help avoid lengthy queues. Travellers should also be aware of their rights during questioning. U.S. citizens and lawful permanent residents are only required to answer questions establishing their identity, citizenship, or permanent residency status. They are not obligated to answer questions about their religious or political beliefs and cannot be denied entry for declining to answer such questions.
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CBP Preclearance at foreign airports
CBP Preclearance facilities are available at 15 foreign airports, where travellers can clear immigration and customs inspections before boarding their US-bound flight. This process is intended to streamline border procedures, reduce congestion at American ports of entry, and facilitate travel into airports that otherwise lack immigration and customs processing facilities for commercial flights.
Preclearance is particularly beneficial to those passengers with an onward connection upon arrival in the US, as there is no risk of border delays causing them to miss their connecting flight. However, passengers unfamiliar with preclearance may not arrive early enough at the foreign airport, or may become stuck in long lines and delays in the CBP preclearance facility, and then might miss their outbound flights to the United States.
Preclearance facilities are available at select airports, and you’ll find US CBP officers stationed there. Travellers have to go through a special security check approved by the United States, different from the standard one that a foreign airport may have. They then have to be screened by a US CBP officer, just as they otherwise would be on arrival. Once travellers clear immigration, they are then, for all practical purposes, on “US soil,” even though they are in a foreign country. The plane then lands the same as any domestic flight would; if travellers have a connecting flight, they don’t have to clear security, while if their journey ends at that airport, they can collect their bag at a domestic baggage claim carousel.
The United States border preclearance programs have been accused of deterring the arrival of potential asylum seekers, who are otherwise protected under the 1951 Refugee Convention's provisions on non-refoulement once they arrive at their destination. Foreign countries can apply to introduce Preclearance facilities, and if a deal is reached, the cost for these facilities is shared between the US government and the country that applied. The US largely pays for the CBP staff, while the applicant country is responsible for providing the space at the airport for the facility, as well as building the facility.
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Religious and political beliefs
If you are a US 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. This also applies to non-citizen visa holders and visitors, who may decline to answer such questions, but doing so may lead to denial of entry into the country.
US citizens cannot be denied entry to the US for refusing to provide passwords, provide device access, or submit electronic devices for a search. However, if they refuse, it could prompt a delay, further questioning, and customs officers taking their device for further inspection. The same should be true for lawful permanent residents who have been admitted to the US before and maintained their status. Their green card cannot be revoked without a hearing before an immigration judge. However, if you are not a citizen and are concerned about having your devices searched, you should consult with an immigration lawyer about your circumstances before travelling. Non-citizen visa holders and visitors run the risk of being denied entry if they refuse to provide a password.
The pilot of an airplane has the right to refuse to fly a passenger if they believe the passenger is a threat to the safety of the flight. The pilot's decision must be reasonable and based on observations of the passenger, not stereotypes, including any based on the passenger's religious or political beliefs. If you are unfairly ordered off a plane, you can file a complaint with the airline or contact the ACLU Foundations of California.
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Privacy rights
While travelling, it is important to know your rights regarding privacy. This is especially true when it comes to airport security and customs, where you may encounter situations that require you to assert your privacy rights. Here are some key points to be aware of:
Device Privacy
Your electronic devices, such as phones and laptops, may be subject to search by customs officers. While US citizens cannot be denied entry for refusing to provide passwords or access to their devices, refusing to comply may lead to delays, additional questioning, or device confiscation. Lawful Permanent Residents (LPRs) or green card holders are generally afforded the same rights as citizens in this regard, and their green cards cannot be revoked without a hearing before an immigration judge. However, LPRs who have been outside the US for more than 180 days may be screened for "inadmissibility" upon return, which can make refusing a search uncomfortable, even if it does not affect their right to enter the country. To protect your privacy, it is recommended to back up sensitive data, turn off your devices when crossing borders, and consult an immigration lawyer if you have concerns.
Religious and Political Beliefs
Customs officers may ask travellers about their religious and political beliefs, but individuals have the right to decline to answer such questions, regardless of their citizenship or residency status. This right is protected by the First Amendment, and customs officers are not permitted to deny entry based on a refusal to answer these types of questions. If you feel your rights are being infringed, you can request to speak to a supervisor.
Biometric Information
All visitors and LPRs entering the US are typically fingerprinted. Additionally, travellers may be asked to provide biometric information, such as facial recognition or fingerprints, as part of security measures. While this may raise privacy concerns, travellers can minimise the impact by understanding their rights and ensuring they do not unintentionally waive them.
Profiling and Discrimination
Customs officers are prohibited from conducting stops, searches, detentions, or removals based solely on an individual's religion, race, national origin, gender, ethnicity, or political beliefs. If you believe you have been unfairly targeted or discriminated against on any of these bases, you can file a complaint with the relevant authorities or contact civil rights organisations, such as the ACLU.
Right to an Attorney
If you are detained or accused of a crime, it is important to assert your right to remain silent and to request access to an attorney. Have the contact information of an immigration lawyer readily available, and if your devices are confiscated, ensure you obtain a receipt.
In summary, while travelling through airports, individuals have certain privacy rights that are protected by law. These rights apply to citizens, LPRs, and non-citizen visa holders, although the consequences of asserting these rights may vary based on one's legal status. It is essential to understand your rights and to carefully navigate situations that may impact your privacy.
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Frequently asked questions
It depends on the airport. Some airports have separate lines for citizens and non-citizens, while others have a single line for all non-citizens. If there is no specific signage for permanent residents, they should join the non-citizens line.
Lawful permanent residents of the US have the right to refuse to answer questions about their religious beliefs, practices, and political opinions. They cannot be denied entry to the US for declining to answer such questions. They can also refuse to provide passwords or unlock devices, but this may lead to delays and further questioning.
The customs booth for citizens at US airports typically offers a faster and more streamlined process compared to the non-citizen line. It may also allow families and groups to stay together during the customs process.
