KNOW YOUR RIGHTS WITH BORDER PATROL
U.S. Customs
(“CBP”),
which
includes
the the
U.S. U.S.
Border
Patrol,
claimsclaims
authority
to conduct
operations
as far asas100
Customs&&Border
BorderProtection
Protection
(“CBP”),
which
includes
Border
Patrol,
authority
to conduct
operations
farmiles
as
inland
frominland
the border.
However,
as with
all U.S.
law enforcement
agencies,legal
therelimitations
are many important
legal can
limitations
on what
can do.
100 miles
from the
border. In
reality,
there
are many important
on what CBP
do. Know
yourCBP
rights!
on private property
in the car
at checkpoints
at border crossings
in jail or detention
Border
BorderPatrol
Patrolcannot
cannot
gogoonto
ontoprivate
private land
land
more
miles
morethan
than2525
miles
north
border
inlandofofthethe
border
without
withoutaawarrant
warrantor
or
consent. Agents
consent. Agentsmay
may
enter
private
enteronto
onto
private
land
a warrant
landwithout
without
a
within
25 miles
of the
warrant
within
25
border.
miles of the border.
Border
“roving
patrols”
BorderPatrol
Patrol
“roving
patrols”
cannotpullpull
over vehicles
to
cannot
over vehicles
to
questionoccupants
occupants
about
question
about
their their
immigrationstatus
status
unless
agents
immigration
unless
agents
have
a
“reasonable
suspicion”
have a “reasonable suspicion” ofof an
orcrime. crime.
animmigration
immigration violation
violation or
Reasonable
suspicion
is
more
than
Reasonable suspicion is more than
just a “hunch.”
just a “hunch.” Border
Patrol
may vehicles
stop vehicles
at
Border
Patrol
may stop
at certain
certain checkpoints
to: 1)(1)
a
checkpoints
to do two things:
askask
a few,
few,questions
limited to
questions
to verify
limited
verify citizenship
citizenship
of
or immigration
statusthe
of the vehicles’
vehicles’
occupants
and
(2)
visually
inspect
occupants and 2) visually inspect the
the
exterior
of
a
vehicle.
exterior of a vehicle. Agents
of Entry
question
Agentsat Ports
at ports
of may
entry
may
question
aboutandtheir
people
about people
their citizenship
what
citizenship and what they are
they
are bringing
the country.
bringing
into theinto
country.
IfIfyou
areare
detained,
you have
right
you
detained,
you the
have
the
to remain
and to
thespeak
right
toright
remain
silent andsilent
the right
to an
attorney.
If you of
are a
totoanspeak
attorney.
If you
are a citizen
citizen country,
of another
also
another
youcountry,
also haveyou
the right
the
right
speak with your
tohave
speak
with
yourtoconsulate.
Border Patrol agents
However,
Border
cannot enter a home
Patrol agents cannot
or dwelling on private
enter
a home or
land
anywhere
dwelling
on private
without a warrant
or
land
anywhere
consent.
without a warrant or
Border
Patrol should
consent.
not cause physical
damage
private
Border to
Patrol
should
property.
not cause physical
damage to
property.
private
Generally,the
thefurther
furtheryou
youare
are from
Generally,
the
border,
the
less
likely
it isitthat
from the border, the less likely
is
agents
will
have
“reasonable
that agents will have “reasonable
suspicion”of an
ofimmigration
an immigration
suspicion”
violation to justify a stop.
violation to justify a stop. Agentsshould
should
always
be able
Agents
always
be able
to to
explain
the
reason
for
a
stop
tothe
the
explain the reason for a stop to
driver.
driver. Agents
any vehicle
to a
Agents
may may
send send
any vehicle
to a secondary
secondary
for the
inspection
area inspection
for the samearea
purpose:
brief
same purpose:
brief questioning
questioning
and visual inspection. and visual inspection.
Agents should not ask questions unrelated
Agents citizenship
should not
ask questions
to verifying
or immigration
status,
to you
verifying
citizenship,
norunrelated
can they hold
for an extended
time
nor cause.
can they hold you for an
without
extended time without cause.
Even though you always have the right to
Evensilent,
though
the
remain
if youyou
don’talways
answerhave
questions
right toyour
remain
silent, or
if you
don’t
to establish
citizenship
immigration
answer
questions
to you
establish
is illegaland
forArizona,
Border it
Patrol
InItCalifornia
is
status,
officials
may detain
longeryour
to
citizenship,
officials
may
detain
to
rely
on
the
race
or
illegal for Border Patrol to rely on verify this information. You may refuseyou
to
longer
order to verify your
ethnicity
of a of
driver
the
race or ethnicity
a driveror answer
otherinquestions.
immigration status.
justifyaastop.
stop.,
orpassenger
passenger to
to justify
NEVER FLEE A CHECKPOINT!
• Border Patrol cannot search the interior of a vehicle without the owner’s
• Border Patrol cannot search the interior of a vehicle without the owner’s consent
consent
or “probable
cause”
(a reasonable
based
the
or “probable
cause” (that is,
a reasonable
belief, based onbelief,
the totality
of the on
circumcircumstances,
that
an immigration
or crime
has likely
stances, that an
immigration
violation violation
or crime likely
is occurring
or hasoccurred).
occurred).
canobtain
obtain
probable
cause
for ifaa drug-sniffing
search if adogdrug-sniffing
•• Agents
Agents can
probable
cause for
a search
legitimately dog
legitimately
“alerts”
to
the
presence
of
drugs.
If
Border
“alerts” to the presence of drugs. If Border Patrol uses a drug-sniffingPatrol
dog anduses
falsely a
drug-sniffing
doghasand
falsely
claims
the of
dog
hasoralerted
to in
the
presence
claims the dog
alerted
to the
presence
drugs
contraband
your
vehicle, of
record
as much information
the incident
possible
report it to about
the ACLU.
drugs
or contraband
in yourabout
vehicle,
recordasas
muchand
information
the
incident as possible and report it.
Even
always
havehave
the the
Eventhough
thoughyou
you
always
right
if you
don’t
righttotoremain
remainsilent,
silent,
if you
don’t
answerquestions
questionstotoestablish
establish
your
answer
your
citizenship,
officials
may
deny
citizenship,
officials may deny you you
entry to the U.S. or detain you for
entry
into
the U.S.
or detain you for
search
and/or
questioning.
search and/or questioning.
Agents may search any person, the
inside may
of search
any vehicle,
and all
Agents
any person,
passenger
belongings.
Agents
the inside of any vehicle, and all do
not need a warrant, any suspicion of
passenger
belongings.
Agents
do not
wrongdoing,
or consent
to do
any
need
a warrant,
of these
things. any suspicion of
wrongdoing, or consent to do any of
CBP’sthings
ownat policy
these
a Port ofrequires
Entry. that
searches be “conducted in a manner
that at
is Ports
safe,of Entry:
secure, humane,
Agents
dignified and professional.”
• cannot use excessive force
• cannot
more
intrusive Agents atconduct
ports of
entry:
searches (like strip searches) or • Cannotanuse
excessive
force.
detain
individual
for an
extended period unless they have “reasonable • Cannot conduct more intrusive
suspicion”
of an
or
searches such
asimmigration
strip searches
violation
crime
repeated or
detentions
unless they
have “reasonable
suspicion”
• should
not damage
personal of
an
immigration violation or crime.
property during an inspection
• Should
not damage
personal
Note:
The government
asserts that agents
don’t need any
property
during
an inspection.
suspicion
to search
personal electronic
devices like computers
and phones. Agents do, however, have to have reasonable
suspicion to hold a device for an extended period of time or to
conduct invasive searches of that device.
Not intended to serve as legal advice. Consult with an attorney if you have specific questions about your situation.
consulate.
You may be asked where you were
You how
may you
be asked
where
youorwere
born,
entered
the U.S.
how
born,
howbeen
you here.
entered
U.S.
or
long
you’ve
Youthe
don’t
ever
how to
long
you’ve
beenquestions.
here. You
have
answer
those
don’tresponses
ever havemay
to be
answer
Your
usedthose
to
questions.
Your
responses
may be
detain and deport you.
used to detain and deport you.
Do not sign anything without talking
not If sign
toDo
a lawyer.
you areanything
not a U.S.without
citizen,
talkingcertain
to a lawyer.
If you
not a
signing
documents
mayare
mean
U.S.
citizen,
signing
certain
you are giving up your opportunity to
documents
mayUnited
mean States.
you are giving
try
to stay in the
up your opportunity to try to stay
in the U.S.
If feel
youyour
feelrights
your rights
If you
have
been
have been violated, violated,
contact
the THE
aclu.ACLU.
CONTACT
CALL US c
(602)
650-1854
(619)
398- 4187
WEBSITE w
www.acluaz.org
www.aclusandiego.org/BLP
If you feel your rights have been violated,
CONTACT THE ACLU.
(619) 398-4187
www.aclusandiego.org/BLP
REMEMBER
• If you are stopped, detained, or harassed by Border Patrol, try to get the agent(s)’ name, badge number, and any other
identifying information you can. • If you are detained or arrested by any law enforcement officials, you have the right to remain silent and the right to
speak to an attorney. You do not have to provide information about where you were born, how you entered the United States, or how long you have been here. • It is NOT against the law to videotape or record interactions with Border Patrol on private property, in vehicle stops, and
at checkpoints. CBP prohibits videotaping or recording anything on government property at a Port of Entry.
• Never provide fake documents or say you are a U.S. citizen if you are not. It is a federal crime to lie to a federal officer.
• Border Patrol may board buses and trains to question individuals about their citizenship. Other than at Ports of Entry, agents boarding buses and trains may not search or even pat down luggage without consent or probable cause.
• Refusing a search does not give agents probable cause for a search.
• If you are approached on the street or in a public place away from the border, you do not have to answer agents’ questions or provide identification. Ask if you are free to go. If you are not free to go, you are under arrest and have the right to remain silent. The ACLU’s Border Litigation Project investigates, documents, and litigates civil and human
rights violations in the U.S. - Mexico border region. If you ever feel your rights have
been violated, please contact the ACLU of San Diego at (619) 398-4187 or
submit a written complaint at www.aclusandiego.org/blp.
Not intended to serve as legal advice. Consult with an attorney if you have specific questions about your situation.