
Citizens and non-citizens alike can be stopped at airports and questioned by customs officers. While citizens cannot be denied entry to their country of citizenship for refusing to answer questions or unlock their devices, non-citizens can be denied entry for these reasons. Non-citizens may also be detained and transferred for removal by the Department of Homeland Security if they fall into certain categories, such as having been recently deported from the country to which they are attempting to return.
Characteristics | Values |
---|---|
Citizens' rights to an attorney | Citizens have the right to an attorney, while non-citizens do not. |
Citizens' rights to refuse to answer questions | Citizens can refuse to answer questions, but this may lead to delays and further inspection. |
Citizens' rights to refuse to unlock devices | Citizens cannot be denied entry for refusing to unlock devices, but this may lead to delays, additional questioning, and device confiscation. |
Non-citizens' rights to refuse to answer questions | Non-citizens may be denied entry and asked to leave the country if they refuse to answer questions. |
Non-citizens' rights to refuse to unlock devices | Non-citizens may be denied entry if they refuse to unlock devices. |
Detention duration | Detention can range from half an hour to a couple of hours, and may require extending one's trip to acquire necessary paperwork. |
Detention reasons | Reasons for detention include visa issues, recent deportation, involvement in illegal activities, and missing immigration hearings. |
Detention consequences | Consequences of detention include transfer to immigration proceedings, release on bond, or detention in a facility until the hearing. |
What You'll Learn
Citizens' rights when stopped at airports
Customs 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. This is true even if there is nothing suspicious about you or your luggage. Officers may not select you for a personal search or secondary inspection based on your religion, race, national origin, gender, ethnicity, or political beliefs. Customs officers have the authority to ask your immigration status in order to determine whether you have the right to enter the country.
If you are a US citizen, you need only answer questions establishing your identity and citizenship, although refusing to answer routine questions about the nature and purpose of your travel could result in delay and/or further inspection. You cannot be denied entry to the United States, but refusing to answer questions may result in a delay. You do not have to answer questions about your religious beliefs and practices or political opinions, and you cannot be denied entry to the US for declining to answer such questions. If customs officers persist in asking you such questions, you can request to see a supervisor.
If you are a lawful permanent resident, you only have to answer questions establishing your identity and permanent residency. You cannot be denied entry to the US, but refusing to answer questions may result in a delay or further inspection. If you are a non-citizen visa holder or visitor, you may be denied entry into the US if you refuse to answer officers' questions. If you are told you cannot enter the country and you fear persecution or torture if you return to the country you travelled from, you should tell the customs officer and ask for asylum.
If an officer searches and/or confiscates your laptop or cell phone, get a receipt for your property. You have the right to have a search of your items conducted in front of a supervisor, though this may cause a delay.
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Non-citizens' rights when stopped at airports
Non-citizens may be stopped at airports by customs officers or border agents. These officers have the authority to ask questions and determine whether non-citizens have the right to enter the country. Non-citizens can be selected for questioning or inspection based on their immigration status, but not on their religion, race, national origin, gender, ethnicity, or political beliefs.
If a non-citizen is suspected of having committed a crime, they have the right to talk to a lawyer before answering any questions. They may also request to have a lawyer present during questioning, but officers are not required to allow this. Non-citizens should be aware that refusing to answer questions or cooperate with officers may result in denial of entry into the country. This includes refusing to provide passwords or unlock electronic devices, which could lead to further inspection and delays.
Non-citizens who are detained at the airport may be kept in a detention facility, transferred to immigration proceedings, or released on bond. They have the right to understand their rights under U.S. immigration laws and request that they be respected. If a non-citizen believes their rights have been violated, they can contact an organisation like the ACLU or a lawyer for support and guidance.
It is important to note that the rights of non-citizens at airports may vary depending on their specific legal status, such as whether they are visa holders, permanent residents, or visitors. These rights may also vary depending on the country or region, as different countries have different laws and procedures regarding immigration and border control.
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Reasons for citizens being stopped at airports
Customs officers are permitted to stop, search, and question citizens at the border. This is to determine whether they are admissible to the country and to search for contraband. Officers may ask for passwords to electronic devices, but citizens cannot be denied entry for refusing to provide these. US citizens do have the right to an attorney, but this right is limited for lawful permanent residents and non-existent for non-citizen visa holders. Officers may not select individuals for a personal search or secondary inspection based on their religion, race, national origin, gender, ethnicity, or political beliefs.
Citizens have reported being stopped and questioned at the US border, with some believing that they are profiled to look like drug mules or traffickers. Others have reported being asked about their religious affiliation and political beliefs, with Muslims being targeted for this line of questioning.
Non-citizens may be denied entry for refusing to answer questions, and can be detained and transferred for removal by the Department of Homeland Security. They may also be placed in a detention facility while awaiting their hearing. Non-citizens can request asylum if they believe they will be persecuted or tortured if sent back to their country of origin.
In general, citizens can be stopped at the border for questioning and searching, but they have more rights than non-citizens, who can be denied entry for non-compliance.
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Reasons for non-citizens being stopped at airports
Customs and Border Protection (CBP) officers have the authority to stop, search, and question non-citizens at the border. This includes individuals with immigrant or nonimmigrant visas, undocumented immigrants, and lawful permanent residents. CBP officers may ask for evidence of legal status and search belongings for contraband.
Non-citizens who refuse to answer questions may be denied entry and asked to leave the country on the next available flight. They may also be detained and transferred to immigration proceedings. However, officers may not select individuals for questioning or secondary inspection based on their religion, race, national origin, gender, ethnicity, or political beliefs. If a non-citizen fears persecution or torture in their country of origin, they may request asylum.
In some cases, CBP officers may detain individuals with green cards, particularly if they have a criminal record or have engaged in prohibited conduct. For example, in 2025, a green card holder from New Hampshire was detained and interrogated at Logan Airport due to a previous drug-related charge.
Additionally, CBP officers may request access to electronic devices such as laptops and cell phones. While this is a contested legal issue, non-citizens who refuse to provide passwords or unlock their devices may be denied entry.
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Detention of citizens and non-citizens at airports
In the United States, Customs and Border Protection (CBP) officers are authorised to stop and search individuals at the border, including airports, to determine their admissibility to the country. This includes searching their belongings and electronic devices for contraband. CBP officers may also ask travellers to unlock their mobile phones or provide their laptop passwords. While US citizens cannot be denied entry for refusing to unlock their devices, non-citizens may be denied entry for refusing to comply with such requests.
US citizens are only required to answer questions establishing their identity and citizenship when stopped by customs officers. They may decline to answer questions about their religious beliefs, political opinions, or the nature and purpose of their travel, but refusal may result in delays or additional inspections. US citizens also have the right to remain silent if they believe their rights are being violated or if they are suspected of committing a crime.
Non-citizens, including visa holders, lawful permanent residents, undocumented immigrants, and foreign nationals, may be subject to additional questioning about their immigration status and purpose of travel. Refusal to answer these questions may result in denial of entry into the US. Non-citizens may also be asked to provide their fingerprints upon entry. If a non-citizen is denied entry, they may be placed in an immigration detention centre or put on the next flight to their home country. However, they may be granted temporary entry to provide additional documentation or evidence of their legal status.
Individuals detained at airports, regardless of citizenship status, have certain rights. They have the right to call and receive visits from a lawyer, their consulate, and their family. Although the government will not provide a lawyer, detainees will be given a list of groups that can provide free or low-cost legal advice. Detainees also have the right to request bond to be released from detention, which involves paying a bond amount to guarantee their attendance at future court hearings.
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Frequently asked questions
Yes, customs officers may stop, detain, and search any person or item at the border, including laptops or cell phones. This is true even if there is nothing suspicious about you or your luggage.
You have the right to talk to a lawyer before answering any questions. You should be aware that refusing to cooperate with officers may result in delay and/or further inspection.
No, US citizens cannot be denied entry to the United States for refusing to provide passwords or unlocking devices. However, refusal to do so might lead to delay, additional questioning, and/or officers seizing your device for further inspection.