What Immigrants Need to Know About Their Rights, Border Patrol

If you are an immigrant, being stopped by Border Patrol can be a scary experience. However, it is important for you to understand your rights and to assert them. You can also contact an experienced immigration attorney to assist you if you run into this situation. 

The Role of Border Patrol 

U.S. Customs and Border Protection is the federal agency that is responsible for patrolling the U.S. border. This agency helps to prevent drug and human trafficking and illegal immigration efforts. Its reach is quite broad. It maintains checkpoints at borders and internal checkpoints at major roads and secondary roads as part of its enforcement activity. It also deploys patrol vehicles to stop immigrants and board buses, trains, and other transportation vehicles within a reasonable distance from the U.S. border.

Your Rights

You do have rights when confronting Border Patrol agents. If you are stopped at a checkpoint or otherwise by a U.S. Border Patrol agent, you have the right to remain silent or to state that you will only answer questions in the presence of an attorney, regardless of your immigration status. You are not required to answer questions about your immigration status outside of customs or a port of entry or unless you are on a nonimmigrant visa. If you refuse to answer questions, this refusal is not sufficient to establish probable cause or reasonable suspicion.  

Usually, a Border Patrol agent cannot detain you unless they have reasonable suspicion. Reasonable suspicion is a lower bar than probable cause, but it still requires the immigration officer to have specific facts that make it reasonable to believe you have committed a crime or immigration violation. Border Patrol agents only have the authority to handle matters related to immigration violations and federal crimes. If you are detained, you have the right to ask for their basis for reasonable suspicion. Depending on where you are detained, the federal agency has varying levels of suspicion that are required before they are legally able to detain you.

Additionally, the Fourth Amendment protects you from unreasonable searches and seizures of your person or property. An immigration officer must have probable cause to search you or your belongings. Probable cause means that a law enforcement officer has sufficient facts that make it probable that you have committed a crime or immigration violation. If an agent asks to search your belongings, you can say no. 

Likewise, immigration officers cannot arrest you without probable cause. 

Your rights in certain situations vary, as described below:

If You Are Asked for You Immigration Documents 

If you are not a citizen and are asked for your immigration documents, you will need to provide your documents. The law requires you to carry valid immigration documents with you at all times if you are 18 or older. If you do not have your documents with you, you can decline the request. 

If You Are Detained

If you refuse to answer an immigration officer’s questions, they may persist in asking you more questions. If this occurs, you should ask if you are free to leave or if you are being detained. Before an immigration officer can detain you, they must have reasonable suspicion. 

If You Are Stopped by a Patrol Vehicle 

Border Patrol must have reasonable suspicion before stopping and pulling you over. If they begin asking you questions, the questions must be limited to the reason for the stop. If you face a prolonged stop or are arrested, the officer must have probable cause to take this action. You can ask for their basis for probable cause if this happens.

If You Enter the U.S. Without Inspection 

If you enter the country without inspection by an immigration official, you may be subject to expedited removal from the country, which bypasses immigration court. This option only applies if you entered the country within the last 14 days and encounter an immigration officer within 100 miles of the border. If these conditions do not apply to you, inform the immigration official to know this. You can also claim asylum if you fear persecution if you are returned to your home country.

Contact an Attorney

If you are detained by Border Patrol or have any questions about your rights, contact the Law Offices of Jeffrey A. Thompson at (508) 588-3700 to learn more.