I’ve been detained near the border by Border Patrol

Regardless of your immigration status, you have guaranteed rights under the Constitution. Learn more here about your rights as an immigrant, and how to express them.

Organization Source:
ACLU 

Organization Website:
https://www.aclu.org/ 

Categories:
Immigration Enforcement (IE), Interaction with law enforcement (LEA) | IE – 100 miles from Border, IE – At the Border, LEA – Detained by ICE

 Date Last Updated: February 28, 2024 

How to reduce risk to yourself

  • Stay calm when interacting with immigration officials. Do not lie or provide false documents.
  • Never flee from an immigration checkpoint.

What to expect

  • People who have entered the U.S. without inspection by an immigration official may be subject to expedited removal from the U.S. based on certain criteria. If you are told that you are subject to expedited removal, ask for the stated reason. Also, if you fear persecution if returned to your country of origin, you should immediately inform the agents of your fear.
  • At border crossings, federal authorities do not need a warrant or even suspicion of wrongdoing to justify conducting what courts have called a “routine search,” such as searching luggage or a vehicle.
  • If an agent asks you for documents, what you need to provide differs depending on your immigration status. U.S. citizens do not have to carry proof of citizenship if they are in the U.S. If you have valid immigration documents and are over the age of 18, the law requires that you to carry those documents with you. If you are asked by an immigration agent to produce them, show them to the agent. If you are an immigrant without documents, you can decline the officer’s request, although an agent may then ask you more questions.

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