Whether you are at the airport or entering the United States via land or a sea port, you will encounter officers with the Transportation and Security Administration (TSA) and/ or officers with Customs and Border Protection (CBP). We at Goldstein & Associates wish to outline what rights you have when you are traveling into the country.
Please note that you cannot travel out of the country and be let back in without a valid US Passport (for US Citizens), approved travel document (for those applying for an immigrant visa), or valid US Visa.
All information below is summarized from the American Civil Liberties Union (ACLU) series, “Know Your Rights.” The original article can be found at: https://www.aclu.org/know-your-rights/what-do-when-encountering-law-enforcement-airports-and-other-ports-entry-us.
TSA and CBP officers have the right to search all people and property when entering the country. Questioning and fingerprinting (for non-US Citizens) is routine, and it is advisable to cooperate with basic inquiries. If you are selected for additional questioning, you have rights. If you are a US Citizen, you have a right to an attorney. If you are a Lawful Permanent Resident or visitor, your rights to an attorney are limited to certain circumstances, and you may be refused legal counsel by the officers. However, if you are under arrest, you always have the right to an attorney, regardless of country of citizenship.
In some cases, TSA or CBP officers may ask you to unlock your personal electronic devices. You are not required to do so. However, failure to cooperate with these requests may cause the officer to deny you entry into the United States. If your electronic devices are confiscated, you should write the name of the officer down, and get a receipt for the item(s) taken.