Lois Larson
Customs and Border Protection (CBP) officers are stationed at airports to inspect travelers entering the United States. CBP officers have the authority to stop and search people and their belongings, including electronic devices, at the border. This can be done without any prior suspicion. However, officers cannot select individuals for searches based on their religion, race, national origin, gender, ethnicity, or political beliefs. If you encounter CBP officers at the airport, it is important to know your rights. You can refuse intrusive or improper questioning and request to speak to a supervisor or an attorney if you feel your rights are being violated. Understanding your rights and the CBP's role in airport security is crucial for ensuring a smooth travel experience.
| Characteristics | Values |
|---|---|
| Purpose of CBP officers at the airport | To determine whether individuals are admissible to the United States and to search belongings for contraband |
| CBP search techniques | Screening passengers, baggage, and cargo; searching electronic devices such as laptops and cell phones |
| CBP search limitations | Searches cannot be based on religion, race, national origin, gender, ethnicity, or political beliefs |
| CBP Preclearance | Strategic stationing of CBP personnel at designated foreign airports to inspect travelers prior to boarding U.S.-bound flights |
| CBP Preclearance benefits | Easier domestic connections, cost savings, increased market access, new U.S. destinations, enhanced security, and expedited passenger processing |
| CBP Trusted Traveler Programs | Expedited travel for pre-approved, low-risk travelers through dedicated lanes and kiosks |
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What You'll Learn
- CBP officers may stop and search you and your belongings at the border
- CBP officers cannot search you based on your religion, race, origin, gender, ethnicity, or political beliefs
- CBP officers may ask intrusive questions—you can ask to speak to a supervisor
- You can ask to contact an attorney if you feel your rights are being violated
- CBP Preclearance means travellers can bypass CBP inspections upon arrival in the US
CBP officers may stop and search you and your belongings at the border
Customs and Border Protection (CBP) officers are likely to be encountered at the border, and they have the authority to stop and search travellers and their belongings. This includes electronic devices such as phones and laptops, although this is a contested legal issue. Searches may be conducted to determine whether a person is admissible to the United States, and to look for contraband.
CBP officers are not allowed to select individuals for search or further inspection based on characteristics such as religion, race, national origin, gender, ethnicity, or political beliefs. If a CBP officer's questions become intrusive or improper, travellers have the right to complain and ask to speak to a supervisor. This applies to citizens, lawful permanent residents, and non-citizen visa holders and visitors.
If a traveller is arrested or detained for a prolonged period, CBP officers need probable cause to suspect that an offence has been committed. Travellers have the right to ask for the basis of probable cause, and they can also choose to remain silent or only answer questions in the presence of an attorney. It is recommended to have the contact details of an attorney or legal services organisation readily available.
In addition to border crossings, CBP operates immigration checkpoints along major and secondary roads within the United States as part of its enforcement strategy. CBP officers may also board buses and trains within 100 miles of the border. Travellers can bypass CBP inspections at U.S. airports by participating in the Preclearance program, which is available at designated foreign airports.
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CBP officers cannot search you based on your religion, race, origin, gender, ethnicity, or political beliefs
When entering the United States from abroad, you will likely encounter Customs and Border Protection (CBP) officers. These officers are authorised to 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.
However, CBP officers cannot search you based on your religion, race, origin, gender, ethnicity, or political beliefs. This is a CBP policy, which is consistent with the Department of Homeland Security (DHS) policy on "Nondiscriminatory Law Enforcement and Screening Activities." The DHS policy defines "racial profiling" as the invidious use of race or ethnicity as a criterion in conducting stops, searches, and other law enforcement, investigation, or screening activities. The use of race and ethnicity information in violation of this policy may subject CBP employees to discipline under the Standards of Conduct. All employees are reminded of their obligation to report misconduct, including discriminatory treatment toward members of the public.
While CBP officers may ask about your immigration status, they may not select you for a personal search or secondary inspection based on the aforementioned protected characteristics. This includes religious and political beliefs and associations, which are protected by the First Amendment. Customs officers have sometimes asked travellers about their religious affiliation, practices, and institutions, with Muslim travellers often targeted for such questioning. It is important to know your rights in these situations: 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.
In addition, you have the right to wear your religious head covering and request that it be patted down by you rather than a TSA officer. If the TSA officer insists on removal, you have the right to ask that it be done in a private area. You may also request that a pat-down be conducted by a person of your gender and in a private area.
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CBP officers may ask intrusive questions—you can ask to speak to a supervisor
When entering the United States, you are likely to encounter Customs and Border Protection (CBP) officers. They are authorised to 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 includes electronic devices such as laptops and cell phones, although this is a contested legal issue.
CBP officers may ask intrusive questions, and you have the right to remain silent or tell the officer that you will only answer questions in the presence of an attorney. You do not have to answer questions about your immigration status, and you may simply say that you do not wish to answer those questions. If you choose to remain silent, the officer may continue to ask you questions, but your silence alone is not enough to support probable cause or reasonable suspicion to arrest, detain, or search you or your belongings.
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 this may lead to delays, additional questioning, or even denial of entry into the country. If you fear persecution or torture if you are sent back to the country from which you travelled, you should inform the customs officer and request asylum.
If you feel that the CBP officer's questions are intrusive or improper, you can ask to speak to a supervisor. You may also wish to have the telephone number of an attorney or legal services organisation with you and request to contact them if you feel your rights are being violated or if you have been detained for an unusually long period. If a CBP officer informs you that you are under arrest, or if you suspect that they believe you have committed a crime, you should ask to speak to a lawyer before answering any further questions.
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You can ask to contact an attorney if you feel your rights are being violated
When encountering law enforcement at the airport, it is important to know your rights. Customs and Border Protection (CBP) officers may stop you at the border to determine your admissibility to the United States, and they may search your belongings for contraband. However, officers may not select you for a personal search or secondary inspection based on your religion, race, national origin, gender, ethnicity, or political beliefs.
If you feel that your rights are being violated, you can ask to contact an attorney. Here are some scenarios where this may be applicable:
During Questioning
If officers' questions become intrusive or improper, you should complain and ask to speak to a supervisor. Although CBP maintains that you are not entitled to an attorney during primary and secondary inspections, you can have an attorney's phone number on hand and request to contact them. You also have the right to remain silent and do not have to answer questions about your immigration or citizenship status. If you are a U.S. citizen, you only need to answer questions establishing your identity and citizenship. If you are a lawful permanent resident, you only need to answer questions about your identity and residency.
Search and Detention
You have the right to refuse consent to a search of your person or belongings without your consent or probable cause. If an immigration agent asks to search you, you can say no. Additionally, if you are detained for an unusually long period, you can ask to contact an attorney.
Religious Head Coverings
You have the right to wear your religious head covering during security screening. If you do not want a TSA officer to touch your religious head covering, you can refuse and request to pat down your own head covering in a private area.
Asylum and Persecution
If you are told you cannot enter a country but fear persecution or torture if sent back, you should inform the customs officer and request asylum.
Arrest and Crime Suspicion
If a customs officer or border agent informs you that you are under arrest or suspects you of committing a crime, you should ask to speak to a lawyer before answering any further questions.
Remember, it is essential to remain calm and not obstruct officers, even if you believe your rights are being violated. Knowing your rights and understanding your options, such as requesting to contact an attorney, can help protect your legal rights during encounters with law enforcement at the airport.
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CBP Preclearance means travellers can bypass CBP inspections upon arrival in the US
Customs and Border Protection (CBP) Preclearance is a process that allows travellers to bypass CBP and Transportation Security Administration (TSA) inspections upon arrival in the US. This means travellers can proceed directly to their connecting flight or destination. The programme aims to streamline border procedures, reduce congestion at ports of entry, and facilitate travel into US airports that may not be equipped to handle international travellers.
CBP Preclearance has been in operation since 1952 and involves the strategic stationing of CBP personnel at designated foreign airports to inspect travellers before they board US-bound flights. This process is carried out in collaboration with the host governments and is available to all individuals, regardless of nationality or purpose of travel.
As of 2019, CBP has more than 600 officers and agriculture specialists stationed at 15 Preclearance locations in 6 countries: Dublin and Shannon in Ireland; Aruba; Bermuda; Abu Dhabi in the United Arab Emirates; Nassau in the Bahamas; and Calgary, Toronto, Edmonton, Halifax, Montreal, Ottawa, Vancouver, Victoria, and Winnipeg in Canada.
Preclearance provides benefits such as easier domestic connections, cost savings, increased market access, and enhanced security. It also prevents travellers who would be deemed inadmissible upon arrival in the US from boarding US-bound flights. Additionally, it helps stop narcotics, contraband, prohibited items, and dangerous pests and agricultural diseases from reaching the United States.
While Preclearance offers convenience and efficiency, there is a drawback. Travellers unfamiliar with the process may not arrive early enough at the foreign airport, or they may encounter long lines and delays in the CBP Preclearance facility, causing them to miss their outbound flights to the US and any connecting flights.
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Frequently asked questions
CBP stands for Customs and Border Protection. They are a U.S. government agency that is responsible for securing America's borders.
Yes, CBP officers are stationed at designated foreign airports to inspect travellers prior to boarding U.S.-bound flights. They can be approached for help or information.
CBP 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. However, officers may not select you for a personal search or secondary inspection based on your religion, race, national origin, gender, ethnicity, or political beliefs. If the officers' questions become intrusive or improper, you should complain and ask to speak to a supervisor.
TSA stands for Transportation Security Administration. TSA officers are not commissioned law enforcement officers, and their role is to conduct screening of passengers, baggage, and cargo. TSA screeners can search you and your baggage at screening checkpoints, but they cannot arrest you. CBP officers, on the other hand, are law enforcement officers with the authority to stop and search individuals and their belongings at the border.
