Roberta Aguirre
Immigration at US airports has become increasingly difficult in recent years, with stricter enforcement of rules and laws under the Trump administration. All immigrants entering the US for the first time with a green card will be sent to secondary inspection, and even those with visas may be denied entry. Customs and Border Protection (CBP) officers are responsible for inspecting passports and verifying permission to enter the country, and they have the authority to search belongings, including electronic devices, for contraband. Refusal to answer questions or provide passwords may result in delays or denial of entry, especially for non-citizens. The process can be smoother for those from low-risk countries who apply for the Trusted Traveler program.
| Characteristics | Values |
|---|---|
| Immigration Checks | Customs and Border Protection (CBP) officers inspect passports and ask questions to determine admissibility to the US |
| Searches | CBP officers may search belongings and electronic devices for contraband; TSA officers conduct security screenings and can search passengers and baggage at checkpoints |
| Questioning | Officers may ask about immigration status, religious beliefs, and political opinions; US citizens and lawful permanent residents are not required to answer questions beyond identity, citizenship, and residency |
| Entry Denial | CBP seeks to prevent inadmissible travelers from entering, including those with visas; non-citizen visa holders who refuse to answer questions may be denied entry |
| Rights and Complaints | Individuals have rights during immigration checks, such as opting children out of scans and wearing religious headwear; complaints about rights violations at California airports can be directed to the ACLU |
| Trusted Traveler Programs | Nonimmigrants can apply for expedited entry through kiosks at designated airports, except when bringing certain goods or large amounts of currency |
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What You'll Learn
- Immigration officers can request passwords for electronic devices
- You may be sent to secondary inspection if you have a green card
- Customs officers may not select you for search based on religion, race, etc
- Lawful permanent residents cannot be denied re-entry without a hearing
- Non-citizen visa holders can decline to answer questions about religion and politics, but this may cause delays
Immigration officers can request passwords for electronic devices
Immigration officers in the US can request passwords for electronic devices, and they may search electronic devices for contraband or other violations. This includes mobile phones, laptops, cameras, and other devices. US Customs and Border Protection (CBP) officers are authorized to conduct basic and advanced searches of electronic devices. A basic search involves manually reviewing a device's content, while an advanced search involves connecting the device to external equipment to access, review, copy, or analyze its contents. Advanced searches require "reasonable suspicion" of a crime.
While American citizens cannot be denied entry for refusing to provide passwords, they may face longer detentions or have their devices confiscated for an extended period. Non-citizen visa holders and tourists from visa waiver countries, on the other hand, may be denied entry if they refuse to provide passwords. Therefore, it is recommended that travelers consult with an immigration lawyer if they have concerns about their devices being searched.
To protect your privacy, you can take precautions such as traveling with minimal data and devices, using separate accounts or devices for travel, and keeping devices turned off or in airplane mode with network connections disabled before reaching a border checkpoint. Additionally, you should change your passwords after providing them to officers and ensure you no longer use that password for any other accounts.
It is important to note that officers are prohibited from selecting individuals for searches based on their religion, race, national origin, gender, ethnicity, or political beliefs. If you believe your rights have been violated, you can contact the ACLU or file a complaint with the Department of Homeland Security.
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You may be sent to secondary inspection if you have a green card
If you are a lawful permanent resident of the United States and have a green card, you may be sent for secondary inspection when travelling back to the US. This can happen if the Customs and Border Protection (CBP) officer cannot verify your information or if you do not have all the required documentation.
Secondary inspection allows inspectors to conduct additional research to verify information without causing delays for other arriving passengers. The CBP officer will attempt to verify your status using SEVIS. If they need to verify information with your school or program, it is recommended to have the name and phone number of the designated school official (DSO) readily available. If you arrive during non-business hours, ensure you have an emergency contact number for the DSO.
Secondary inspection may also occur due to prior criminal convictions or accusations of abandoning your green card. If you have a criminal record, officers will review your RAP sheet and determine if there are any crimes that may lead to your removal from the US. You may then be instructed to attend a deferred inspection in 30 days with certified copies of your conviction records.
It is important to note that officers cannot select you for secondary inspection based on your religion, race, national origin, gender, ethnicity, or political beliefs. If you believe your rights have been violated, you can contact organisations like the ACLU for assistance.
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Customs officers may not select you for search based on religion, race, etc
When entering the United States, customs officers may stop people at the border to determine their admissibility and may search their belongings for contraband. This is true even if there is nothing suspicious about you or your luggage.
However, customs officers may not select you for a personal search or secondary inspection based on your religion, race, national origin, gender, ethnicity, or political beliefs. This is also true for TSA officers, who are not commissioned law enforcement officers but are authorised to conduct security screenings of passengers, baggage, and cargo.
While customs officers may ask your immigration status to determine your right to enter the country, they cannot deny you entry for refusing to answer questions about your religious beliefs, practices, or political opinions. If they persist in asking such questions, you can request to see a supervisor. Your religious and political beliefs and associations are protected by the First Amendment.
If you are a US citizen or lawful permanent resident, you only need to answer questions establishing your identity, citizenship, or permanent residency, in addition to customs-related questions. Refusal to answer other questions may cause delay, but officials may not deny you entry if you have established your identity and citizenship.
If you are a non-citizen visa holder or visitor, you may be denied entry into the United States if you refuse to answer officers' questions. If you fear persecution or torture if you are sent back to the country from which you travelled, you should tell the customs officer and ask for asylum.
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Lawful permanent residents cannot be denied re-entry without a hearing
Lawful Permanent Residents (LPRs) are required to answer questions establishing their identity and permanent residency (in addition to customs-related questions) when entering the US. Refusal to answer other questions may cause delay, but officials may not deny LPRs re-entry into the US for failure to answer these additional questions.
LPR status may only be revoked by an immigration judge. LPRs cannot be denied re-entry without a hearing before an immigration judge. LPRs do not have to answer questions about their religious beliefs and practices or political opinions, and they cannot be denied entry to the US for declining to answer such questions. If customs officers persist in asking such questions, LPRs can request to see a supervisor.
LPRs are also not required to answer questions about their immigration status, as customs officers have the authority to ask this only to determine whether a traveller has the right to enter the country. LPRs have the right to enter the country. LPRs should be aware that their electronic devices may be searched, and they may be asked to provide passwords or unlock their devices. While this is a contested legal issue, LPRs cannot be denied re-entry for refusing to provide passwords or unlock their devices. However, refusal may lead to delay, additional questioning, and/or officers seizing their devices for further inspection.
LPRs should also be aware that they will be fingerprinted on entry to the US. They may also be subjected to a pat-down search, which, if it includes a religious head covering, can be requested to be done in a private area.
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Non-citizen visa holders can decline to answer questions about religion and politics, but this may cause delays
If you are a non-citizen visa holder, you may decline to answer questions about your religious beliefs and political opinions. However, this may lead to delays or additional questioning at the border. Customs officers are not allowed to select you for a personal search or secondary inspection based on your religion, race, national origin, gender, ethnicity, or political beliefs. The same is true for questioning—your rights are protected by the First Amendment, and customs officers are not allowed to question you based on these factors.
However, refusing to answer questions may lead to a delay or further inspection. If you are denied entry, you should be aware of your rights. If you fear persecution or torture upon returning to your country of origin, you should inform the customs officer and ask for asylum.
It is also important to note that non-citizen visa holders run the risk of being denied entry if they refuse to provide a password to unlock their electronic devices. While customs officers may ask for your password, you should consider the risks before deciding how to proceed. If you do provide your password, change it as soon as possible, as it will likely end up in a government database.
If you believe any of your rights have been violated at a US airport or port of entry, you can contact the ACLU for assistance.
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Frequently asked questions
When going through immigration at a US airport, you can expect to be screened by Transportation Security Administration (TSA) officers. You may also encounter Customs and Border Protection (CBP) officers and Homeland Security Investigations (HSI) agents. They will inspect your luggage and may search your electronic devices, such as laptops and cell phones. You may also be subjected to a pat-down search.
While you may refuse a search of your electronic devices, it is important to note that US authorities believe they have the right to conduct these searches without individualized suspicion. If you refuse, there may be consequences, such as being denied entry or having your devices confiscated.
Some travellers have reported that larger airports, such as JFK in New York, can be slower due to higher volumes of international flights. However, others have found that their experience at JFK was positive, with efficient processing. Denver International Airport has also been praised for its efficiency, as it only handles one flight arrival at a time.
You have the right to wear a religious head covering during screening. If you are a parent or caregiver travelling with children, you are permitted to bring breast milk, formula, and related accessories in quantities greater than three ounces, as long as you notify the officers at the security checkpoint. You also have the right to receive a receipt if your devices are searched or confiscated.
