What you should know when crossing the border


Rene Delgadillo , Staff Reporter

1. Right Against Unreasonable Searches

Don’t open your door, as ICE (Immigration and Customs Enforcement) and other law enforcement officers must have a warrant signed by a judge. If they have a warrant, ask them to hold it against your window or slide it under your door. To be valid the warrant must include your correct name and home address. (This right applies to U.S. citizens and undocumented persons).

2. Right to remain silent 

You have the right to not answer any questions. Tell the officer you want to remain silent or show the know-your-rights card to the officer you’re dealing with.

3. Right to an attorney 

If arrested you have the right to an attorney before signing any documents you don’t understand. You also have the right to a hearing before an immigration judge and review by a federal court.

Remember when crossing:

1. Customs and Border Patrol officers have the right to search your car  at the border and belongings to avoid the entrance of any contraband or dangerous materials to the country without the necessity of a warrant.

2.While being questioned at the border, you have the right to remain silent and not show documents proving your nationality, but this might delay the time of entrance to the U.S. and officers may refuse to allow you in the country.

3.CBP officers are allowed to search your electronic devices at a port of entry without any suspicion or wrongdoing, the search of your device should generally be conducted in front of you and a supervisor.

If the device contains no evidence of a crime, your device should be returned in a reasonable amount of time. If the device is temporarily detained ask for a Form 6051-D custody receipt before you leave the port of entry.

You may refuse to give the password for your device, however, the refusal to give this information may lead to longer questioning, detention and your devices may be held for longer to continue an inspection.

Officers may not delete pictures or videos from your devices, if they do, get the name and badge number of the officer(s), ask for the supervisor and write a complaint letter.