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A Guide to Airport Detention For Non-US Citizens
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A Customs and Border Protection officer may detain a foreign national attempting to enter the United States (U.S.) at an airport. Those eligible for detention can include undocumented immigrants, lawful permanent residents, or individuals intending to enter the U.S. with an immigrant or nonimmigrant visa.
Border protection officers, such as customs officers and airport security officers, also have the authority to search travel bags for contraband and ask questions about an individual’s lawful status, whether or not they suspect the individual of criminal activity or illegal travel.
Nevertheless, federal immigration law prohibits a Customs and Border Protection (CBP) officer from searching, detaining, or removing an individual on the sole basis of their ethnicity, gender, religion, national origin, or political beliefs.
If you intend to return to the U.S. and are unsure of your immigration status, an immigration attorney in Texas can advise you on the necessary steps to reenter the U.S. successfully.
Border officers follow specific rules and regulations at the port of entry and may detain individuals who fail to meet certain conditions required under U.S. immigration laws. Some of the most common reasons for airport detention include the following:
Individuals in any of the above categories may be detained and transferred for removal by the Department of Homeland Security. They may also be issued a Notice to Appear (NOA) before an immigration judge. Immigration agents may place them in a detention facility while they await their hearing.
A skilled deportation defense lawyer can negotiate with the U.S. Citizenship and Immigration Services (USCIS) or an immigration judge. They can also assist in requesting immigration appeals and bonds and prevent immigration and customs enforcement from taking immediate deportation action against you.
Individuals who are arrested or detained by law enforcement agencies should take the following steps:
Even though U.S. borders are considered “entry points” and carry fewer constitutional protections than within the U.S. interior, foreign nationals are still protected under both U.S. immigration law and international human rights law.
CBP officers are not allowed to detain or question someone solely based on ethnicity, religion, gender, or political beliefs. This is prohibited under federal immigration law and reaffirmed by Department of Homeland Security policy (DHS Civil Rights and Civil Liberties Office).
If you are not a U.S. citizen and are seeking entry, you may be required to answer questions related to your identity, visa, or travel history. However, you do not have to answer questions about your religion, political opinions, or social affiliations.
Under CBP procedures, if you are not proficient in English, you can request a qualified interpreter. This ensures that all communications and paperwork are understood clearly.
Foreign nationals are entitled to consult with an attorney, but only after CBP finishes their initial questioning at the port of entry. According to CBP policy, travelers do not have a right to counsel during primary and secondary inspection, but once removal proceedings begin, legal representation becomes a right under 8 CFR § 292.5.
Border patrol and CBP officers are authorized to inspect and question you once you have been detained. Depending on the circumstances of your case, CBP officers may inform you that you do not have the right to an attorney before they begin questioning individuals.
Detained green card holders must establish their identity and provide immigration papers, while non citizen visa holders may ultimately be denied entry. Refusing to comply with immigration agents will only delay the process.
If the CBP officers are satisfied with your answers, you will be granted entry and allowed to continue with your travel plans. However, if you are denied entry, they will transfer you to an immigration detention center or put you on the next flight to your home country.
Immigration officers may grant individuals temporary entry into the U.S. for some time (usually one week) so that they can provide evidence or additional documentation.
Non-citizens who believe that returning to their home country will endanger their lives can inform the immigration officer and request asylum. However, an asylum request may increase your time at an immigration detention center.
Individuals who express fear of returning to their home country have the legal right to request asylum under U.S. asylum law (INA § 208). Once this request is made, CBP must refer the individual for a credible fear interview, which is typically conducted by an asylum officer with U.S. Citizenship and Immigration Services (USCIS).
This interview is the first step in determining whether an asylum seeker should be allowed to apply for asylum in the U.S. The standard for a positive credible fear finding is relatively low—whether there is a “significant possibility” the person could establish eligibility for asylum.
If the asylum officer finds credible fear, the individual will be referred to immigration court to formally apply for asylum. If the officer does not find credible fear, the individual may request a review of the decision by an immigration judge. (USCIS: Credible Fear)
While asylum seekers do not have a right to free counsel, they may hire an attorney at their own expense. During review by an immigration judge, legal representation is allowed and highly advisable.
If you are a lawful permanent resident (LPR) who has maintained legal status in the US, you only have to answer questions establishing your identity and permanent residency. You can decline to answer questions about your religion or political beliefs.
Non-citizens who refuse to answer questions may be denied entry and asked to leave the country on the next available flight. However, after they depart from the U.S., they may be allowed to return to the US once a certain number of years have passed.
Once an immigration officer finishes questioning you, they will decide whether to keep you in a detention facility, transfer you to immigration proceedings, or release you on bond. The decision is usually made within two days.
After three days, the immigration office will issue you a notice to appear before an immigration judge. Andrew T. Thomas, Attorneys at Law, can secure your release from detention by paying a bond or requesting a bond hearing. We can answer questions related to removal proceedings to help you understand the legal matters associated with immigration.
If you are not granted immediate entry, CBP may refer your case to Immigration and Customs Enforcement (ICE), which oversees the custody and detention of non-citizens. You may be placed in an ICE detention facility, where the following procedures apply:
ICE will assess whether to continue detention, offer parole, or set a bond amount. You can request a custody redetermination hearing before an immigration judge. According to ICE guidelines, most individuals should receive a hearing within a few days unless there are national security concerns.
A bond hearing allows a judge to decide whether you can be released while your immigration case proceeds. Judges consider flight risk and danger to the community. You may submit evidence of U.S. family ties, stable housing, or lack of a criminal record.
ICE is required to meet specific standards regarding access to legal materials, medical care, and communication with legal representatives.
Be cautious about signing documents authorizing voluntary departure, as this can affect future eligibility for U.S. immigration benefits. Always consult with an immigration attorney before agreeing to removal or deportation.
If you find yourself detained at an airport, especially if you’re not a U.S. citizen, an immigration lawyer can be a valuable asset in navigating the situation. Here’s how a lawyer can help:
A lawyer can help you understand your legal options and rights under U.S. immigration laws. They can also represent you before an immigration judge, assist with filing necessary paperwork and petitions, and request a bond hearing.
A lawyer can help collect evidence to support your case, such as documentation proving your legal status, family ties in the U.S., or potential dangers if you were to return to your home country.
If you are facing removal proceedings, a lawyer can help determine if you are eligible for relief from deportation, such as asylum or cancellation of removal. They can also assist with filing necessary applications and petitions for relief.
A lawyer can negotiate with immigration officials on your behalf to prevent immediate deportation and secure your release from detention. They can also advocate for a fair bond amount or request alternatives to detention.
Being detained at an airport can be a stressful and overwhelming experience. A lawyer can provide reassurance and guidance during this challenging time, helping you navigate the process with confidence.
If you are facing deportation, a lawyer can build a defense to help you avoid removal from the U.S. They can challenge the government’s evidence, cross-examine witnesses, and present arguments in your favor.
The stakes are high in airport detention cases, but honesty and experience equal results. The skilled immigration lawyers at Andrew T. Thomas, Attorneys at Law, can assist you with fighting your detention and removal. Our team can explore the options available to green card holders and non-citizens in deportation proceedings, including cancellation and waiver of removal.
If you are detained for committing a serious felony in your home country, or you have a criminal record that might affect the validity of your foreign passport, our team can still help! We are experienced in matters involving immigration consequences of criminal convictions. If you need a certified copy of your criminal court transcript, we can help.
Our immigration attorney can provide urgent support and representation during your immigration proceedings if you’ve been detained at an airport.
Call us today to schedule a free consultation.
