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Detained at the Airport by Border Protection
A Customs and Border Protection (CBP) officer may detain a foreign national attempting to enter the United States (US) at an airport. Those eligible for detention can include undocumented immigrants, lawful permanent residents, or individuals intending to enter the US with an immigrant or nonimmigrant visa.
Border protection 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, immigration law prohibits a 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 US and are unsure of your immigration status, an immigration attorney in Texas can advise you on the necessary steps to reenter the US successfully.
Reasons for Being Detained at the Airport
Border officials follow specific rules and regulations at the port of entry and may detain individuals who fail to meet certain conditions required under US immigration law. Some of the most common reasons for airport detention include the following:
- The individual committed a felony or other serious crime outside the US
- The individual is a threat to public safety or national security
- The individual applied to enter the US with an incorrect visa
- The individual abandoned their lawful permanent resident status
- The individual arrived at the airport without applying for asylum
- The individual was recently deported from the US
- The individual was involved in illegal activity outside the US
- The individual missed their immigration hearing date
- The individual entered the country illegally
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 officials may place them in a detention facility while they await their hearing.
A skilled deportation defense lawyer can negotiate with the US Citizenship and Immigration Services (USCIS) or an immigration judge. They can also assist in requesting immigration appeals and bonds and prevent customs enforcement from taking immediate deportation action against you.
What You Should Do if You Get Detained at the Airport
Individuals who are arrested or detained by immigration should take the following steps:
- Avoid signing any documents that you do not understand;
- Ask for an interpreter if you do not understand English;
- Be polite and calm when speaking to immigration officials;
- Contact a professional immigration attorney immediately;
- Collect the name of the officers questioning you;
- Do not accept a voluntary departure without consulting an attorney;
- Do not withhold information from your attorney;
- Inform the immigration officer if returning to your home country will put you at risk;
- Review all written documents presented to you carefully in a language you can understand;
- Request for a phone call to a loved one who can secure legal representation for you.
What Happens When You Are Detained at the Airport?
Border officials 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. However, you may still notify them that you require one.
Detained green card holders must establish their identity and provide evidence of their legal status, while foreign nationals may be denied entry completely. Refusing to comply with immigration officials will only delay the process and deny you entry into the US.
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 available flight to your home country.
Immigration officers may grant individuals temporary entry into the US 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.
Refusing to Answer Questions When Detained
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.
How Long Can Immigration Hold You at the Airport?
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 a detention facility by paying a bond or requesting a bond hearing.
Contact an Experienced Immigration Attorney Today
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 noncitizens in deportation proceedings, including cancellation and waiver of removal.
If you are detained for committing a serious felony in your home country, our team can still help! We are experienced in matters involving immigration consequences of criminal convictions. If you are in need of 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.
