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When entering the US, you will encounter Customs and Border Protection (CBP) officers, who are part of US Immigration and Customs Enforcement (ICE). CBP officers have the authority to ask your immigration status and may search your belongings for contraband. They may also ask you to unlock your electronic devices. While the government believes this authority extends to electronic devices, this is a contested legal issue. The First Amendment protects your religious and political beliefs, and you cannot be denied entry for refusing to answer questions about them. You have the right to photograph and film CBP officers at TSA checkpoints in airports, as long as the screening process is not interfered with and no sensitive information is revealed.
| Characteristics | Values |
|---|---|
| Filming U.S. Immigration and Customs in Airports | The Transportation Security Administration (TSA) does not prohibit filming at security checkpoints as long as the screening process is not interfered with and sensitive information is not revealed. |
| U.S. Customs and Border Protection (CBP) | CBP officers may stop people at the border to determine their admissibility to the U.S. and may search belongings and electronic devices for contraband. |
| CBP Preclearance | CBP officers are stationed at designated foreign airports to inspect travelers before boarding U.S.-bound flights, allowing travelers to bypass inspections upon arrival in the U.S. |
| Questioning by Customs Officers | Customs officers may ask about immigration status, religious beliefs, and political opinions, but questioning based on religion, race, national origin, gender, ethnicity, or political beliefs is prohibited. |
| Providing Device Passwords | U.S. citizens cannot be denied entry for refusing to provide passwords or unlock devices, but non-citizens may risk denial of entry. |
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What You'll Learn
- U.S. Customs and Border Patrol (CBP) officers can ask for your immigration status
- CBP officers can search your belongings, including electronic devices
- CBP officers cannot deny entry based on religion, race, national origin, gender, ethnicity, or political beliefs
- CBP preclearance at foreign airports allows travellers to bypass inspections upon arrival in the U.S
- Filming at security checkpoints is allowed, as long as the screening process is not interfered with
U.S. Customs and Border Patrol (CBP) officers can ask for your immigration status
U.S. Customs and Border Patrol (CBP) officers are responsible for securing America's borders and facilitating legitimate trade and travel. They have the authority to question individuals about their immigration status to determine their admissibility to the United States. This can occur at designated foreign airports with CBP preclearance, upon arrival at U.S. airports, or within a 100-mile border zone via bus, train, or vehicle patrols.
When encountering CBP officers, it is essential to know your rights. CBP officers may stop individuals regardless of their citizenship or immigration status to determine their admissibility. They may ask for identification, question your immigration status, and search your belongings, including electronic devices, for contraband. However, they cannot select you for a personal search or secondary inspection based on your religion, race, national origin, gender, ethnicity, or political beliefs.
If you are a U.S. citizen, you only need to answer questions establishing your identity and citizenship. Refusing to answer routine questions about your travel may result in delays or further inspection, but you cannot be denied entry to the U.S. If you are a lawful permanent resident (LPR), you must provide information confirming your identity and permanent residency. Refusal to answer other questions may cause delays, but LPRs cannot be denied entry solely for refusing to answer.
For non-citizen visa holders or visitors, the consequences of refusing to answer officers' questions may be more severe. While you have the right to remain silent and not answer questions about your immigration status, visa holders run the risk of being denied entry if they do not cooperate. Additionally, CBP officers may ask for your laptop or mobile phone passwords to conduct further inspections, and refusing to provide these passwords may also result in denial of entry.
It is important to note that questioning individuals about their religious and political beliefs, associations, and practices can infringe upon rights protected by the First Amendment and federal law. If you are a U.S. citizen or lawful permanent resident, you are not required to answer such questions and cannot be denied entry for refusing to do so. If you feel your rights are being violated or encounter intrusive or improper questioning, you should ask to speak to a supervisor and consider contacting an attorney or legal services organization.
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CBP officers can search your belongings, including electronic devices
When entering or leaving the United States, Customs and Border Protection (CBP) officers may search travellers' belongings, including electronic devices such as laptops, mobile phones, computers, and cameras. CBP's ability to inspect electronic devices is considered integral to keeping America safe in an increasingly digital world.
CBP officers may search electronic devices to uncover potential terrorist or criminal activity, as well as to determine the individual's intentions with respect to entering the U.S., including visa fraud. They may also search for digital contraband, such as child pornography, classified materials, or export-controlled information, as well as information relevant to national security matters or transnational financial crimes.
While CBP officers can confiscate electronic devices for several days to attempt to unlock them with forensic tools, they are not permitted to access information stored remotely. Prior to beginning a basic or advanced search, CBP officers will ensure all data and network connections are disabled, either by requesting that the traveller do so or by disabling network connectivity themselves. During a basic search, CBP officers review the contents of the device manually without external equipment. In contrast, an advanced search involves the use of external equipment to access, review, copy, and/or analyse information stored on the device. Advanced searches require reasonable suspicion of a violation or a national security concern, as well as approval by a senior CBP manager.
It is important to note that travellers are not required to unlock or provide passwords for their electronic devices. However, refusal to do so may result in delays, additional questioning, or device confiscation. U.S. citizens cannot be denied entry to the U.S. for refusing to provide passwords or unlocking their devices, but visa holders and tourists from visa waiver countries may be denied entry.
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CBP officers cannot deny entry based on religion, race, national origin, gender, ethnicity, or political beliefs
The U.S. Customs and Border Protection (CBP) has a non-discrimination policy in law enforcement, investigation, and screening activities. This means that CBP officers cannot deny entry based on religion, race, national origin, gender, ethnicity, or political beliefs. This policy is consistent with the Department of Homeland Security's (DHS) definition of "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 First Amendment protects religious and political beliefs and associations. Customs officers are not allowed to select individuals for questioning based on these factors, and travellers cannot be denied entry for declining to answer questions about their religious or political beliefs. However, travellers may be denied entry if they refuse to answer questions about their immigration status.
CBP officers may use race or ethnicity when a compelling governmental interest is present, and its use is narrowly tailored to that interest. For example, national security is considered a compelling interest, but the use of race and ethnicity to serve this interest must be specific to particular suspects or incidents and based on trustworthy information.
At airports, Transportation Security Administration (TSA) officers conduct security screenings. TSA screeners can search passengers and their baggage, but they cannot arrest anyone. TSA officers are not allowed to conduct additional screening based on an individual's race, national origin, religion, gender, ethnicity, or political beliefs. For example, travellers have the right to wear religious head coverings, and if a TSA officer insists on the removal of the head covering, the traveller has the right to request that it be done in a private area.
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CBP preclearance at foreign airports allows travellers to bypass inspections upon arrival in the U.S
The U.S. Customs and Border Protection (CBP) Preclearance program has been in operation since 1952 and has proven benefits for all major stakeholders in the air travel industry. It involves the strategic stationing of CBP personnel at designated foreign airports to inspect travellers prior to boarding U.S.-bound flights. This preclearance allows travellers to bypass CBP and Transportation Security Administration (TSA) inspections upon arrival in the U.S. and proceed directly to their connecting flight or destination. 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.
CBP preclearance facilities are available at select airports, with CBP officers stationed there. Travellers must go through a special security check approved by the United States, which is different from the standard security check at a foreign airport. They are then screened by a CBP officer, just as they would be upon arrival in the U.S. Travellers who clear immigration are considered to be on "U.S. soil" for all practical purposes, even though they are in a foreign country. The plane then lands like any domestic flight, and travellers with connecting flights do not need to go through security again.
As of 2024, CBP has more than 600 officers and agriculture specialists stationed at 15 preclearance locations in 6 countries: Ireland (Dublin and Shannon), Aruba, Bermuda, the United Arab Emirates (Abu Dhabi), the Bahamas (Nassau), and Canada (Calgary, Toronto, Edmonton, Halifax, Montreal, Ottawa, Vancouver, Victoria, and Winnipeg). These preclearance facilities have screened over 22 million travellers, representing nearly 16% of all commercial air travellers to the United States.
The benefits of the CBP Preclearance program include easier domestic connections, cost savings, increased U.S. market access, and enhanced security. Travellers can accept tighter connection windows at U.S. airports and are less likely to miss a domestic connection. Additionally, they can access less expensive U.S. domestic gates and benefit from more flexible arrival times at U.S. airports. The program also enables new direct routes to 160+ U.S. airports, regardless of whether they have a CBP port of entry, and helps establish new routes to desirable U.S. destinations.
However, there are also drawbacks to the CBP Preclearance program. Passengers unfamiliar with the process may not arrive early enough at the foreign airport or may encounter long lines and delays at the CBP preclearance facility, causing them to miss their outbound flights to the United States and any connecting flights. Additionally, the implementation of preclearance at a foreign airport for the first time often requires significant remodelling or the construction of a new facility, incurring substantial costs for the host airport.
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Filming at security checkpoints is allowed, as long as the screening process is not interfered with
When passing through security checkpoints at U.S. airports, you are permitted to film, photograph, or videotape your experience. This right is extended by the Transportation Security Administration (TSA), which does not prohibit visual documentation at security checkpoints. However, this liberty comes with certain conditions that travellers must adhere to.
Firstly, filming is allowed only if it does not interfere with the screening process. Interference with screening includes actions such as holding a recording device up to the face of a TSA officer, obstructing their vision or movement. Additionally, travellers must ensure that their recording devices do not hinder the movement of other passengers through the checkpoint. Refusal to submit a recording device for screening is also considered interference.
It is important to maintain a respectful distance from TSA officers and other travellers when filming to avoid any disruption. By following these guidelines, travellers can exercise their right to document their security checkpoint experience without causing any delays or issues.
Moreover, travellers should be mindful of sensitive information and ensure that their filming does not reveal any confidential details. This includes information that could compromise security or invade the privacy of other individuals at the checkpoint. By being cautious of what they capture on film, travellers can help maintain the security and privacy of all parties involved.
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Frequently asked questions
Yes, you can film US immigration and customs officers in an airport. The Transportation Security Administration (TSA) does not prohibit filming or taking photos at security checkpoints, as long as the screening process is not interfered with and no sensitive information is revealed.
Yes, you have the right to film US Customs and Border Protection (CBP) officers at land border crossings, as long as you do so from a publicly accessible area.
Yes, officers may ask to see your footage, but you have a "private right of action" under the Privacy Protection Act. If asked, inform the officer that your footage contains "work product and other documentary materials" that you intend to make public.
