Recently, there have been reports in the media about several incidents where travelers have been questioned, detained, or denied entry at U.S. ports of entry. So, what should individuals be aware of when going through airport and border checkpoints?
According to the website of U.S. Customs and Border Protection officials, all travelers must undergo screening by U.S. officials.
U.S. citizens cannot be denied entry by U.S. Customs. However, foreign citizens and visa holders must be reviewed by U.S. Customs and Border Protection officials before being allowed entry.
U.S. officials will decide whether to allow foreign citizens and visa holders entry, and they may also refuse entry to certain individuals based on their judgment.
If non-citizens and visa holders refuse to answer questions at the port of entry, they may be denied entry.
Regarding how to handle inquiries from customs officers, the American Civil Liberties Union, representing immigration groups, advised in an interview with The Washington Post that U.S. citizens and lawful permanent residents should only answer questions confirming their identity and citizenship or permanent residency status.
However, refusing to answer other routine questions may cause delays, and individuals may have to wait before being granted entry by immigration officers.
However, U.S. Customs and Border Protection rarely conducts searches of electronic devices. In 2024, less than 0.01% of international travelers’ electronic devices were searched upon entry.
The ACLU told The Washington Post that if customs officers request to search an individual’s electronic devices, although individuals are not obligated to unlock them, refusing the officers’ request may affect the entry process.
If foreigners do not cooperate with the search, they may be denied entry into the United States. If the individual is a U.S. citizen, although they will not be denied entry, they may be detained, and their devices may be confiscated by authorities.
The policy of U.S. Customs and Border Protection allows officials to detain electronic devices for up to five days (but if officials believe there are “special circumstances,” the detention period may be longer).
If an individual’s electronic device is confiscated, they should request a receipt from the officials for safekeeping. These receipts include instructions on how to retrieve the device.
Customs officers conduct two types of searches on personal electronic devices: basic searches and advanced searches. A basic search usually involves a manual inspection and does not involve external devices for examination. Anyone may be asked to undergo this basic search.
In an advanced search, customs officers will connect external devices to an individual’s electronic device for examination, replication, or analysis.
U.S. Customs and Border Protection stated that only officials with a reasonable suspicion of individuals engaging in illegal activities and approval from supervisors can conduct an advanced search.
Their policy regarding electronic searches clearly states that officials should handle individuals’ sensitive information “in accordance with any applicable federal laws,” including journalists’ medical records or work-related information.
Individual travelers detained by immigration authorities are advised to comply with official orders, and Noor Zafar, a senior lawyer with the ACLU, recommends that individuals contact a lawyer as soon as possible.
Zafar suggests that especially non-citizen travelers should have the phone number of an immigration lawyer or other emergency contact available in case of critical situations.