KNOW YOUR RIGHTS: 8 Things You Should and Should Not Do During Your Travels

KNOW YOUR RIGHTS

A guide for American citizens or permanent residents at airports or ports of entry

If you are traveling into the United States from overseas, you will be questioned by Customs and Border Protections (CBP). You may also encounter other law enforcement officers. Depending on where you were born or your nationality, you may face more questioning than other travelers. Whether you are selected for secondary search may be based on your religion, race, national origin, gender identity, ethnicity, or political beliefs.

Here are eight things you SHOULD and SHOULD NOT do if you're a U.S. citizen or permanent resident (green card holder) and you're held for questioning at the border:

You will be asked questions about your travels or your immigration status. You should answers those honestly but briefly. Make any required declarations about money or items you are carrying. However, be careful with what you disclose to CBP and do not offer more detail than necessary, but ALWAYS tell the truth. If you are asked any first amendment questions (such as membership in any religious, political, or social groups, or about your personal beliefs) you may deny answering those questions.
You and your property may be searched, even if there is nothing suspicious about you or your luggage. You should provide the property for inspection if that is requested of you, but you are not obligated to release passwords, unlock your devices, or provide access to your social media accounts.
In the event that you feel you are facing discrimination, you should demand to speak with an attorney. Keep the name of a qualified lawyer on hand. Insist that you are a lawful resident or citizen and that you have adequately identified yourself, and politely but firmly insist on speaking to an attorney.
Keep records. Take the names and badge numbers of your officers, and make sure you note which agency they work for. Keep records of your flight times and where you are taken in the airport. Keep detailed notes of what happened and when and document everything being asked of you as well as your answers.
If you are a LPR (lawful permanent resident) and CBP demands you sign Form I-407, DO NOT DO IT no matter how much they try and pressure you. Signing this means you voluntarily give up your lawful status, so do not give into intimidation. If you are a LPR and any issues regarding your status arise during your encounter with CBP, you should insist on a hearing before an Immigration Judge. This is your right.
Be prepared to provide names and phone numbers of people you visited overseas, and, if possible, have another family member call those people overseas to tell them to perhaps expect a call from a US government official to verify that information. Ensure that they are also honest and brief with their responses in order to minimize any problems or discrepancies.
If you remain detained for a prolonged amount of time, contact your Congressperson and let them know that one of their constituents is being detained at the airport. Remain calm and do not cause a scene.
If you’re an American citizen, you have a right to be let into the country. Officials are required to let you into the country. You should insist that you have adequately identified yourself, made the necessary declarations, and answered their questions sufficiently. Calmly ask to be released immediately. As a citizen, as long as you have presented a valid passport, you have the right not to answer officers’ questions, but refusing to answer routine questions about the nature and purpose of your travel could result in delay and/or further inspection.

These are trying times, but knowledge is power. We are here to help you as needed. Feel free to email me your questions at hghalib@immigration.net or call (404) 949-8164. We speak Arabic and Spanish.

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America. The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds. Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver. We recommend the following actions for each of the following groups: Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans...

Seven Reasons Why the Georgia Legislature Should Repeal HB-87

Recently the Alabama Attorney General called on the Alabama State Legislature to repeal parts of Alabama's horrid anti-immigration law ( HB 56), because of the "unintended" consequences of the bill (frankly, what happened was not unintended). Because of the similarity between the two laws, Georgia's Speaker of the House, David Ralston was asked whether Georgia Legislature would repeal part or all of HB 87, Georgia own anti-immigration law. HB 87 has caused almost a half a billion dollars in damage to the Georgia economy (along with untold suffering in Georgia's immigrant communities) without any noted or reported positive effect. Speaker Ralston plainly stated that the Georgia Legislature would NOT do anything to repeal HB 87 . While it understandable why a politician would not admit that a pet bill he shepherded and pushed through the state legislature was simply bad law, it is also clear that Speaker Ralston is facing a challenge on his RIGHT in th...

Why is USCIS Taking So Long to Renew DACA Work Permits?

If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits. Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence. The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration. As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes. As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their drive...

Musings on Immigration

Search This Blog