When entering or returning to the United States, the federal government may detain you at the border to conduct a search or to ask questions. The American Civil Liberties Union has published this helpful document regarding your rights at U.S. ports of entry. As that document explains, the most important considerations to keep in mind are to stay calm when interacting with federal officials, never to flee from an immigration checkpoint, and to ensure that any information or documentation you provide is truthful and accurate.

AUTHORITIES STATIONED AT U.S. PORTS OF ENTRY
U.S. Customs and Border Protection is the government agency charged with maintaining U.S. ports of entry and admitting persons arriving from abroad into the United States. From time to time CBP may collaborate with personnel from federal law enforcement agencies (for example, the Federal Bureau of Investigation or the Drug Enforcement Agency) to conduct questioning and searches at ports of entry.

As we explain in greater detail below, the federal government’s authority to detain, question, and conduct searches at the border is largely unconstrained. Although U.S. citizens and lawful permanent residents ultimately have a right of entry into the country, foreign nationals are subject to CBP’s review of their admissibility under the Immigration and Nationality Act, and CBP has considerable discretion to deny entry, revoke visa stamps, and potentially initiate “expedited removal” proceedings that have longer-term consequences for foreign nationals’ ability to enter the United States.

In most cases, persons who present for admission at a U.S. port of entry are only briefly detained and asked only a few questions before CBP allows them through. In some instances, however, CBP will refer arriving travelers to “Secondary Screening,” a nonpublic setting where they may be searched or questioned more extensively, perhaps even by representatives from other federal agencies. Referral to Secondary Screening does not mean that you are in trouble or will necessarily be denied entry.

SEARCH OF YOUR PERSON, YOUR BELONGINGS, OR YOUR VEHICLE
Please be aware that you may be detained at a border and subject to “routine” searches for any or no reason. Law enforcement officials do not need probable cause or reasonable suspicion to subject you to routine searches, such as a pat-down of your person or a search of your luggage or your vehicle. Whether a search is routine depends on the specific facts of the case, but a strip search or body cavity search has been held to be non-routine, and law enforcement is required to have “reasonable suspicion” to engage in that kind of search.

QUESTIONING AT THE BORDER
Law enforcement also does not need any suspicion or good cause to stop you and ask you questions. You *do* need to answer questions to establish your identity and citizenship, if you are a United States citizen, or your identity and permanent residency status, if you are a lawful permanent resident (i.e., a “green card” holder). If you are a United States citizen or a lawful permanent resident, a refusal to answer additional questions, such as about the purpose of your travel, may result in delay or further inspection, but you may not be denied entry based on a refusal to answer additional questions.

If you are not a U.S. citizen or lawful permanent resident, you may be denied entry to the United States for a refusal to answer questions. The federal Immigration and Nationality Act describes a number of reasons why foreign nationals might be inadmissible into the country. The Department of State applies these considerations when it decides whether to grant a visa, and CBP applies them again at the border. CBP has broad discretion to determine that a foreign national meets one or more of the grounds for inadmissibility and can rule a person inadmissible notwithstanding that the State Department concluded otherwise when it issued a visa. Once CBP denies you admission into the country, it is very difficult to challenge its decision. If CBP denies you admission, it most likely will revoke your visa stamp. It may also, if it chooses, initiate “expedited removal” proceedings that will result in a five-year bar on you entering the United States. CBP may, but is not required to, offer you the option of “withdrawing your petition” to enter the United States. If CBP offers you the option to withdraw, you should strongly consider accepting it, because if you do not, CBP may initiate expedited removal.
If you are a citizen and have been referred to Secondary Screening, you have the right to ask for a lawyer to be present during your questioning. If you are not a U.S. citizen, federal officials will not permit you to make a phone call to seek assistance from counsel or others once you have been referred to Secondary Screening. Additional information is available on the ACLU document linked above.

Additional Note on Border Patrol Operations Within the United States: As the ACLU document explains, your requirement to provide documentation while you are in the United States will vary depending on your immigration status. CBP Border Patrol officers have the legal authority to operate within 100 miles of any United States border. U.S. citizens are not required to provide proof of citizenship to federal authorities while they are in the United States. If you are not a U.S. citizen and have valid immigration documents, you should carry those documents with you and produce them if asked to do so by federal authorities.

DETENTION OF ELECTRONIC DEVICES
The courts also have held that federal authorities may detain electronic devices at the border. They may refuse to return electronic devices to you even after you are released andpermitted to leave. This is true for U.S. citizens and non-citizens alike. Under the applicable law, federal authorities may detain those devices for up to 30 days or longer. If a federal officer detains one or more of your devices, we recommend that you get a receipt that includes information identifying the device, along with contact information that will enable you to follow up to arrange for its return.

You are not required to give law enforcement the password to a device, and law enforcement may not deny entry to a United States citizen or a lawful permanent resident for refusing to supply a password or unlock a device. Be aware, however, that refusal to do so may lead to delay, additional questioning, or, as noted above, seizure of the device. A foreign national who is not a lawful permanent resident may be denied entry based on their refusal to provide a password.
Information from Harvard University Information Technology about considerations when traveling internationally is available here.

Harvard employees may consult with the Office of the General Counsel about questions regarding their rights at the border, though OGC may refer individuals to personal legal counsel depending on the issues raised. The Harvard Representation Initiative in the Harvard Immigration and Refugee Clinic at Harvard Law School is available to provide immigration law advice and related support services to members of the Harvard community who are present in the United States without documentation. In addition, the Harvard International Office is available for questions international students and scholars may have about their nonimmigrant visa status.
(rev. March 9, 2022)