
Being detained at the airport is a stressful and overwhelming experience. While the number of people being detained at airports is unclear, it is important to know your rights and what to do in such a situation. There are many reasons for airport detention, including invalid travel documents, prohibited items in luggage, and excessive amounts of cash. If you are detained, stay calm and comply with the authorities, and know that you have the right to contact an attorney.
Characteristics | Values |
---|---|
Reasons for detention | Committing a felony or serious crime outside the US, being a threat to public safety or national security, applying to enter the US with an incorrect visa, abandoning lawful permanent resident status, arriving without applying for asylum, recent deportation from the US, involvement in illegal activity outside the US, missing an immigration hearing date, entering the country illegally |
Detention duration | A few hours to a few days |
Detention location | Airports, offsite holding centres |
Detention outcome | Deportation, transfer to an immigration detention centre, release on bond |
Detention rights | Right to an attorney, right to an interpreter, right to request asylum, right to refuse to share passwords |
Detention process | Inspection, questioning, transfer to immigration proceedings |
What You'll Learn
Invalid or damaged travel documents
The logic behind these regulations is that, should your return flight be delayed, you could still board a later flight if your documents are valid. Countries such as Thailand, Nepal, and Turkey require six months' passport validity from the date of entry, while most of the European Union requires three months, and New Zealand requires one month after your intended departure date.
It's best to triple-check passport and visa validity guidelines before going to the airport. Make sure your photo and biodata are visible and clear. Any rips, tears, or water damage could result in you being grounded until you can get replacement documents.
If your travel documents are damaged, you may be detained until you can be sent home. In some cases, you may be arrested and subject to legal action. It's important to remember that a "damaged" passport can mean a lot of things, and even minor damage can cause issues when travelling.
If your passport is damaged before a trip, it's best to replace it as soon as possible. While many passports can be renewed online, damaged passports are generally ineligible for this service. You'll likely need to apply for an entirely new passport in person at an acceptance facility, embassy, or passport agency.
To prevent damage to your passport, invest in a waterproof case to protect it from spills and the elements, especially while travelling. When travelling somewhere with inclement weather, make clear, coloured copies of your passport as a backup in case anything happens to the original document.
Airports and Missing Luggage: Who's Responsible?
You may want to see also
Prohibited items in luggage
When packing for a trip, it is important to remember that airport staff enforces multiple layers of local and international regulations regarding security, customs, agriculture, and health. Certain items in your luggage could result in your being detained, delayed, or worse. Here is a list of prohibited items that you should not pack in your luggage:
- Pornography: Many countries in Asia and the Middle East restrict pornography.
- Firearms: These are typically allowed in checked luggage but are prohibited in carry-on luggage.
- Excessive amounts of cash or undeclared valuables: In most countries, you must declare or notify government officials when entering or leaving the country with large amounts of money or valuables that cost more than a certain amount (often $10,000).
- Prescription medication: The laws around prescription medication vary by country. Some medications are allowed with a doctor's note, while others are completely banned.
- Plants, pets, or exotic animals: There are restrictions on bringing any living creature into another country.
- Flammable or explosive items: Things that burn, such as cigarettes, lighters, and vape pens, are generally restricted on most airline carriers. Fireworks are also prohibited.
- Alcoholic beverages over 140 proof: Alcoholic beverages with more than 70% alcohol are prohibited in both carry-on and checked luggage.
- Paints, fuels, gasoline, and lighter fluid: These items are highly flammable and are not allowed on board.
- Self-defence items: Any object that could be used as a weapon or imitates a weapon is prohibited in carry-on luggage. This includes pepper spray, mace, tear gas, baseball bats, and martial arts items.
- Certain types of batteries: Car batteries, jump starters, and power banks are prohibited in hand baggage and cannot be checked in.
- Perishable food items: Most countries do not allow perishable food items or agricultural products to be brought into the country.
San Diego Airport: A Compact Travel Hub
You may want to see also
Excessive amounts of cash or undeclared valuables
Failing to declare large amounts of cash or valuables can lead to detention at the airport. In most countries, including the US, travellers must declare or notify government officials when entering or leaving the country with large amounts of money or valuables, typically over $10,000. This also applies to jewellery, luxury clothing, and electronics.
In some countries, such as South Africa and Canada, travellers can complete declaration forms before travelling to avoid fines and delays at the airport. However, even when travelling on a domestic flight within the US, a TSA screener might discover the cash at the airport's security checkpoint. While the TSA does not have the authority to seize cash, they may detain the traveller so that a law enforcement officer can confiscate the money.
If your cash is seized at the airport, it is important to remain calm and cooperative, request documentation, and contact an attorney who specialises in asset forfeiture and cash seizures.
Miami Airport Delays: What's the Deal with Flight Delays?
You may want to see also
Prescription medication
In 2022, the International Narcotics Control Board published a list of travel regulations regarding medicines that contain controlled substances. However, this list is not exhaustive, and travellers are advised to check the regulations of their specific destination country. Some medications may be allowed with a doctor's note, while others are completely banned. For example, pseudoephedrine, the active ingredient in Sudafed, is considered a controlled substance in Mexico.
It is important to note that ignorance of the law is typically not a valid excuse, and violating the laws of your destination country can result in serious consequences. The CDC recommends checking with the embassies of all countries along your travel route, including transit countries, to ensure that all your medications are permitted. If you are taking medication that is restricted in your destination, especially life-sustaining or psychiatric medication, consult your doctor about alternative options or equivalent substitutions that may be available locally upon your arrival.
When travelling with prescription medication, it is advisable to keep the following in mind:
- Research your destination and transit countries thoroughly.
- Obtain necessary permits or government authorisations.
- Request a letter from your doctor explaining your medical treatment and necessity, translated into the host country's language if necessary.
- Pack enough medication for your trip, plus a little extra in case of delays, but do not exceed personal-use quantities.
- Keep all medications in their original, labelled containers in your carry-on luggage. The name on the prescription should match the name on your travel documents and identification.
- Be prepared for additional screening at the airport. Carry a written prescription and a letter from your doctor explaining the medication and your medical condition.
- Do not have banned or controlled substances mailed to you while abroad.
- If you are returning to a country like the US, review the restricted and prohibited items list to ensure that any medication obtained abroad can be brought back into the country.
Airport Extreme: WDS Support and Compatibility
You may want to see also
Undeclared plants, pets or exotic animals
Undeclared plants, pets, or exotic animals can cause serious issues when travelling. There are restrictions on bringing any living creature into another country, and the rules and regulations vary by airline, country, and even time of year. In the US, "not all animals qualify as pets," and even pets may have restricted breeds in certain countries. For example, Jamaica doesn't allow the import of pit bull terriers.
If you are travelling with a snake or other caged animal, you will likely need to send them with pet transporters, who can ensure your animal meets all the vaccination, quarantine, and import/export restrictions. It is recommended that you check with your airline and embassy to confirm the latest rules and regulations.
Plants also have restrictions. The US Customs and Border Protection (CBP) recommends that visitors check the Don't Pack a Pest website to learn more about declaring plants, seeds, and flowers in the US. The US Fish and Wildlife Service also has a "Guide for Tourists" that helps travellers avoid bringing in restricted live animals or animal products.
Airports and Oversized Luggage: 28-inch Suitcases Allowed?
You may want to see also
Frequently asked questions
There are various reasons for being detained at the airport, including invalid or damaged travel documents, possession of prohibited items, excessive amounts of cash or undeclared valuables, and travelling with prescription medication.
Your rights if you are detained at the airport depend on your citizenship status and the country you are in. In the United States, it is illegal for law enforcement officers to detain you based on your religion, race, national origin, gender, ethnicity, or political beliefs. However, Customs and Border Protection (CBP) agents can detain you based on your citizenship or travel plans.
If you are detained at the airport, it is important to remain calm and polite. You should avoid signing any documents that you do not understand, ask for an interpreter if needed, and contact an immigration attorney immediately.
The length of detention at the airport can vary depending on the circumstances. In the United States, an immigration officer will typically decide within two days whether to keep you in a detention facility, transfer you to immigration proceedings, or release you on bond.
If you miss your flight due to detention, you will need to work with an airline agent to evaluate your situation and make alternative travel arrangements.