What to Expect if Placed in Secondary Inspection by Customs and Border Patrol at the Airport
If Customs and Border Protection (CBP) places you into secondary inspection for further investigation upon arrival at an airport, it is crucial to stay calm and understand your rights and what to expect. This can happen for various reasons, including routine checks, visa issues, or travel history concerns. In addition, CBP may:
Search Belongings: Officers may inspect your luggage, electronic devices, and personal belongings. They may ask you to unlock your phone or laptop. While you have the right to refuse, this could result in further delays or even denial of entry.
Please see general information linked here about electronic device searches to be aware of CBP searches that could be conducted at either a land or airport port of entry when you apply for admission to the U.S. after international travel.
Prolonged Detention: Some inspections take hours, and in certain cases, travelers may be held overnight. Those travelling with you will not be informed on how long the process will take. You will also not be able to contact them with updated timeframes. They may wish to go home. They should notify your emergency contact immediately.
Pressure to Withdraw Your Application for Entry: If CBP believes you are inadmissible, they may pressure you to voluntarily withdraw your application for entry instead of undergoing formal removal proceedings. This could prevent you from returning for a set period.
Expedited Removal: In some cases, CBP can issue an expedited removal order, which may bar you from returning to the U.S. for five years or more.
What You Should Do:
Remain Calm & Polite: Avoid arguments or confrontation with officers.
Answer Questions Truthfully but Briefly: You have the right to remain silent on certain questions, but lying can have serious consequences.
Do Not Sign Anything Without Understanding It: If pressured to sign documents, request an explanation or legal counsel if possible.
Request to Contact a Lawyer: While non-citizens do not have the right to an attorney in CBP inspections, you can ask to communicate with legal counsel. If you have a legal representative, let CBP know.
Document the Encounter: If released, write down everything you remember, including officer names, questions asked, and anything you were asked to sign.
Who to Contact for Help:
If you are detained, try to contact a trusted family member or friend. We recommend they have the names of several possible immigration attorneys who specialize in deportation/removal to contact on your behalf.
Remember, CBP decisions at the airport can have lasting effects on your immigration status. Knowing what to expect can help you navigate this process more effectively. Stay informed and be prepared.