on private property
NEVER FLEE A CHECKPOINT!
in the car at checkpoints at border crossings in jail or detention
Border Patrol cannot
go onto private land
more than 25 miles
inland of the border
without a warrant or
consent. Agents may
enter onto private
land without a
warrant within 25
miles of the border.
However, Border
Patrol agents cannot
enter a home or
dwelling on private
land anywhere
without a warrant or
consent.
Border Patrol should
not cause physical
damage to private
property.
Border Patrol “roving patrols”
cannot pull over vehicles to
question occupants about their
immigration status unless agents
have a “reasonable suspicion” of an
immigration violation or crime.
Reasonable suspicion is more than
just a “hunch.”
Generally, the further you are from
the border, the less likely it is that
agents will have “reasonable
suspicion” of an immigration
violation to justify a stop.
Agents should always be able to
explain the reason for a stop to the
driver.
It is illegal for Border Patrol
to rely on the race or
ethnicity of a driver or
passenger to justify a stop.,
If you are detained, you have the
right to remain silent and the right
to speak to an attorney. If you are a
citizen of another country, you also
have the right to speak with your
consulate.
You may be asked where you were
born, how you entered the U.S. or
how long you’ve been here. You
don’t ever have to answer those
questions. Your responses may be
used to detain and deport you.
Do not sign anything without
talking to a lawyer. If you are not a
U.S. citizen, signing certain
documents may mean you are giving
up your opportunity to try to stay
in the U.S.
Agents at ports of entry may
question people about their
citizenship and what they are
bringing into the country.
Even though you always have the
right to remain silent, if you don’t
answer questions to establish your
citizenship, officials may deny you
entry to the U.S. or detain you for
search and/or questioning.
Agents may search any person, the
inside of any vehicle, and all
passenger belongings. Agents do
not need a warrant, any suspicion of
wrongdoing, or consent to do any
of these things.
CBP’s own policy requires that
searches be “conducted in a manner
that is safe, secure, humane,
dignified and professional.”
Agents at ports of entry:
• Cannot use excessive force.
• Cannot conduct more intrusive
searches such as strip searches or
repeated detentions unless they
have “reasonable suspicion” of an
immigration violation or crime.
• Should not damage personal
property during an inspection.
Border Patrol may stop vehicles at
certain checkpoints to: (1) ask a
few, limited questions to verify
citizenship of the vehicles’
occupants and (2) visually inspect
the exterior of a vehicle.
Agents may send any vehicle to a
secondary inspection area for the
same purpose: brief questioning
and visual inspection.
Agents should not ask questions
unrelated to verifying citizenship,
nor can they hold you for an
extended time without cause.
Even though you always have the
right to remain silent, if you don’t
answer questions to establish your
citizenship, officials may detain you
longer in order to verify your
immigration status.
• Border Patrol cannot search the interior of a vehicle without the owner’s
consent or “probable cause” (a reasonable belief, based on the
circumstances, that an immigration violation or crime has likely occurred).
• Agents can obtain probable cause for a search if a drug-sniffing dog
legitimately “alerts” to the presence of drugs. If Border Patrol uses a
drug-sniffing dog and falsely claims the dog has alerted to the presence of
drugs or contraband in your vehicle, record as much information about the
incident as possible and report it.
KNOW YOUR RIGHTS WITH BORDER PATROL
U.S. Customs & Border Protection (“CBP”), which includes the U.S. Border Patrol, claims authority to conduct operations as far as 100 miles
inland from the border. However, as with all U.S. law enforcement agencies, there are many important legal limitations on what CBP can do.
Not intended to serve as legal advice. Consult with an attorney if you have specific questions about your situation.
If you feel your rights
have been violated,
contact the aclu.
c
w
WEBSITE
CALL US
(602) 650-1854
www.acluaz.org