Visitor Rights Entering U.S Through Airport: Know Your Rights in 2025

Overview: What’s Happening at the Border

With a rise in reports of foreign travelers—particularly from U.S. allies like Germany and the U.K.—being questioned, detained, or denied entry, many are wondering: What exactly are your rights at U.S. airports and border crossings?

Under the Trump administration’s renewed immigration crackdown, legal permanent residents** and visa holders** have found themselves facing unexpected scrutiny. Civil rights organizations, including the ACLU, are urging travelers to understand their rights and take precautions.

Whether you’re coming to the U.S. with a green card, visa, or via a visa waiver, your first interaction will be with a U.S. Customs and Border Protection (CBP) officer. This encounter may involve document review, questions, and security screening. CBP officers are vigilant against those attempting to utilize tourist or nonimmigrant visas to gain entry for illegal purposes or longer stays.

At ports of entry by air, land, or sea, CBP officers verify your identity and determine whether you’re admissible. If you’re carrying an immigrant visa, you may be required to hand over a sealed immigration packet unless your visa indicates that your documents were sent electronically (“IV Docs in CCD”).

Understanding your rights when interacting with law enforcement and security officials at U.S. airports can make your travel smoother and help protect your privacy and legal standing. This guide breaks down your rights, adds fresh details, and provides practical tips for travelers of all backgrounds.

Be Ready for Delays and Secondary Inspection

Expect long lines and delays, especially during busy travel periods. The application and screening process faced by foreign nationals highlights the limited rights available to them during this time. Most travelers are screened during a primary inspection, which includes fingerprinting and database checks.

If any issues arise—such as inconsistent answers, flagged background information, or suspicion of visa misuse—you may be sent to secondary inspection for further questioning.

Key Notes:

• All new green card holders are automatically sent to secondary inspection.
• If denied entry, you could face removal, Visa Waiver Program disqualification, and future bans of 5 or 10 years.
• Trusted Traveler Programs like Global Entry may speed up the process if approved.

More info: CBP Trusted Traveler Programs

Common Questions You May Be Asked by CBP Officers

CBP officers ask questions to confirm your intent, identity, and eligibility. Here are examples:

• Why are you visiting the United States? Your answer must align with your visa type. A tourist visa cannot be used to seek work.
• Where will you be staying? Having a pre-arranged place to stay shows preparedness and legitimacy.
• Who will you be visiting? Especially for tourist and family visits, this information helps confirm purpose.
• How long will you stay? Overstaying can result in bans. Check your I-94 entry record after arrival: U.S. CBP I-94 Website
• What is your visa’s expiration date? Visitors must adhere to the time limits defined by their visa status and the I-94 arrival/departure record, which indicates the final date by which they must leave the country, ensuring compliance with immigration laws.
• How are you paying for this trip? Officers want to know if you have the financial means to support yourself.
• Have you visited the U.S. before? Past overstays or long visits may raise red flags.
• How often do you visit the U.S.? Repeated visits using a tourist visa may suggest you’re living in the U.S. without authorization.

Understand Your Limited Rights as a Non-Citizen

Foreign nationals at the border do not have the same rights as citizens. The rights foreign nationals have are limited. Important considerations:

• You do not have the right to an attorney during inspection (except in certain asylum cases).
• CBP can search your luggage and electronics without a warrant.
• Officers can ask nearly any question and expect truthful answers.
• Only those with a credible fear of persecution may see an immigration judge if seeking asylum.

Learn more: ACLU: Know Your Rights at the Border

Luggage & Belongings: Illegal or Questionable Items Not to Bring

CBP agents may inspect your belongings. Avoid bringing items that contradict your visa status or U.S. law.

Avoid carrying:

• Employment guides, resumes (if visiting as a tourist)
• Illegal or questionable items such as firearms, marijuana (even if legal in your home country)
• Drugs, pornography, banned plants or animals

CBP’s prohibited item list: Prohibited and Restricted Items

Who’s Most at Risk?

• Foreign nationals and visa holders
• Asylum seekers and recent arrivals
• Green card holders with recent travel to flagged countries
• U.S. citizens with political activism, past immigration history, or certain travel patterns
• Individuals with a nonimmigrant visa, especially if there are any discrepancies in their documentation

ICE and CBP have not provided public comment on the rise in detentions. Legal experts and rights groups warn that aggressive enforcement is growing.

Your Rights Depend on Your Immigration Status and Lawful Permanent Residents

Before You Travel: Tips to Protect Yourself

1. Carry Legal Contact Information

• Save the name and phone number of an immigration attorney.
• Write it down on paper in case your phone is taken.

2. Clean Your Electronic Devices

• Remove sensitive political messages, images, or apps like WhatsApp, Telegram, Signal.
• Log out of social media accounts or use a “clean” travel phone.

The ACLU recommends carrying as little digital information as possible. Learn more here:
ACLU Guide to Digital Privacy at the Border

3. Pack Supporting Documents

• Copies of return tickets, hotel reservations, and itinerary.
• Proof of employment or enrollment if visiting for work or school.

What Can Border Agents Ask You?

Can CBP Search My Phone or Laptop?

Yes. Customs and Border Protection (CBP) officers have broad authority to search any device brought across the border.

What You Should Know:

• CBP does not need a warrant.
• Less than 0.01% of travelers had their devices searched in 2024, but that number is rising.
• You may refuse to unlock your device, but:
  • U.S. citizens cannot be denied entry but might be detained or have devices seized.
  • Visa holders and foreign nationals may be denied entry for non-compliance.

CBP search policy:
CBP Directive on Electronic Device Searches

What Happens During an Electronic Device Search?

There are two levels of search:

Basic Search

• Officer manually inspects the device.
• Does not require suspicion.
• May include viewing emails, call logs, photos, and social media.

Advanced Search

• Device is connected to external software or copied.
• Requires reasonable suspicion and supervisory approval.
• Can include data analysis, downloading, or retention.

CBP can retain your data for up to 15 years in some cases. Ask for a custody receipt if your device is taken.

Special Protections for Sensitive Content

If your device contains:

• Attorney-client communications
• Medical records
• Journalist sources
• Religious material

You should immediately inform the officer conducting the search. CBP policy claims to respect federal protections, but actual enforcement is inconsistent.

What the ACLU and Legal Experts Say

“We’re seeing a sharp increase in aggressive border behavior toward people who have done nothing wrong. Preparation is essential,”
said Noor Zafar, ACLU Immigrants’ Rights Project.

“Digital devices now carry as much risk as your passport. Think carefully about what you bring,”
added Esha Bhandari, ACLU Privacy & Technology Project.

Medical Screening and Public Health Requirements

Travelers from countries experiencing outbreaks may face additional screening such as:

• Temperature checks
• Health questionnaires

Bring necessary documents and follow local embassy updates before flying.

More on admissibility and visa requirements: U.S. Immigration and Nationality Act

Tips Before You Arrive

• Carry a printed copy of your I-94 after arrival
• Keep emergency contacts and travel documentation accessible
• Stay polite and honest during interviews
• If sent to secondary inspection, remain calm and comply

What Should I Do If I’m Detained or Denied Entry?

Step-by-Step Guidance:

1. Stay calm and comply with instructions.
2. Request access to a lawyer or consular representative.
3. Document the experience as soon as possible (what was asked, what was taken).
4. Do not sign anything without legal advice.
5. Request a copy of any paperwork or seizure receipts.

Use this template to prepare:
Printable U.S. Entry Rights Card (PDF)

Types of Law Enforcement You May Encounter

At different stages of your travel journey, you may interact with various law enforcement or government personnel:

At the Border or Immigration Checkpoints

• Customs and Border Protection (CBP): Responsible for inspecting travelers and goods.
• Homeland Security Investigations (HSI): A division of ICE that handles national security and criminal investigations.
• TSA Officer: Plays a crucial role in airport security procedures, especially when travelers lack acceptable identification and need to undergo an identity verification process. TSA officers are also involved in screening protocols for individuals with religious head coverings, ensuring passengers’ rights are respected during additional screening.

During Security Screening

• Transportation Security Administration (TSA): Screens passengers and baggage. Most TSA agents are not law enforcement.
• Airport Police or Federal Air Marshals: Can intervene in security incidents.

Can You Be Stopped and Searched with Valid Travel Papers?

Yes. Even if your documentation is valid, CBP officers can:

• Inspect your bags and personal items for prohibited goods.
• Stop and question you to determine admissibility to the U.S.
• Search your electronic devices (a legally contested practice).

You cannot be searched based on your religion, ethnicity, gender, or political beliefs.

Can Border Officers Ask About Your Immigration Status?

Yes, depending on your legal status:

• U.S. Citizens: Only need to confirm identity and citizenship.
• Lawful Permanent Residents** (Green Card Holders)**: Must confirm identity and status.
• Visa Holders: May be denied entry for refusing to answer reasonable questions. It is crucial to have a valid visa when entering the U.S., as even with a valid visa, travelers may face scrutiny from Customs and Border Protection officers who are focused on security, and any discrepancies can result in denied entry.

Tip: If you fear persecution or torture in your home country, clearly state that and request asylum.

Questions About Religion or Politics

Protected by the First Amendment:

• You do not have to answer questions about your religion or political views if you’re a citizen or permanent resident.
• If you are pressured, request to speak to a supervisor.
• Non-citizens can refuse but may face delays.

If asked improperly, document the incident and contact a civil rights organization (resources below).

Fingerprinting at Entry

Most travelers, including lawful permanent residents and visa holders, must be fingerprinted upon arrival in the U.S.
U.S. citizens are not fingerprinted.

Extended Interviews or Secondary Inspections

If you’re referred for a longer interview:

• U.S. citizens and LPRs: Can decline to answer intrusive questions but may face delays.
• Visa holders: Refusing to answer may result in being denied entry.

Always ask to speak to a supervisor if questioning becomes inappropriate.

Important: If detained or accused of a crime, assert:

“I wish to remain silent. I want to speak with a lawyer.”

Have a lawyer’s contact information written down or memorized.

Passwords and Devices at the Border

You may be asked to unlock phones or laptops. Here’s what you need to know:

Always ask for a receipt if your devices are confiscated.

Strip Searches at the Border

These are rare and require reasonable suspicion. They must be:

• Conducted in private
• Justified with specific reasons

You can request:

• A same-gender officer
• A private location

TSA Security Screening: What to Expect

Searches After Passing Metal Detectors

TSA can search you or your bags even if:

• No alarm sounds
• No prohibited items are detected

They cannot select you based on your appearance, religion, or beliefs.

Wearing Religious Head Coverings

You have the right to wear religious attire. However:

• TSA may request a pat-down if your headwear sets off alarms.
• You can:
  • Request a same-gender screener
  • Ask for a private room
  • Pat down your own headwear under supervision

If chemicals are tested and results are negative, you must be allowed to proceed.

Traveling with Children

• Children under 13:
  • Can keep on shoes and light jackets.
  • May still receive pat-downs.
• Parents may opt children out of body scanners.

Traveling with Breast Milk or Formula

You can bring:

• Quantities over 3 oz
• Ice packs or cooling devices

Notify TSA at screening, and expect:

• Visual and swab tests
• Potential requests to open containers

You may also check these items with your baggage.

More info from TSA on traveling with children and milk

Being Removed from a Plane

Airline employees can:

• Ask you to deboard if they believe you’re a threat to flight safety.

They cannot:

• Question or remove you based on religion, race, or politics.

Document the incident and seek legal advice if it feels discriminatory.

On the No-Fly List? Here’s What to Do

If you’re stopped or questioned every time you fly, you may be on a watchlist.

Steps to Take:

1. File a redress inquiry:
   Traveler Redress Inquiry Program (TRIP)
2. Consult a civil rights lawyer.
3. Document each incident with dates, airports, and officer names if possible.

Final Tips Before You Travel

• Save an attorney’s number in your phone and on paper.
• Make a plan if traveling with children, medication, or religious items.
• Know your status and rights, especially if you’re a visa holder.
• Ensure you have a visitor visa if you are a foreign national entering the United States temporarily for purposes such as tourism or business.
• Download a Know Your Rights card in your language:
• ACLU Multilingual Rights Cards

Conclusion: Know Your Rights and Travel Smart

Whether you’re a U.S. citizen, green card holder, or international visitor, it’s critical to understand what border agents can and cannot do. In 2025, crossing into the U.S. means entering a high-surveillance zone—so being prepared is not just smart, it’s essential.

When in doubt, bring less data and more documentation.

If in doubt, check with your nearest U.S. embassy or consulate before your trip: U.S. Embassies and Consulates Worldwide

Referral Contacts for Legal Help

If your rights are violated or you need support, contact:

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