- Law enforcement can stop, detain, or search you if they have ‘reasonable suspicion’ that you are involved in criminal activity. However, law enforcement cannot search you based on your race, gender, religious, or country of origin.
- Law enforcement have the authority to ask you about your immigration status, the purpose of your visit, and other questions to determine whether you have permission to enter the U.S.
- Remaining silent can result in law enforcement denying you entry into the U.S. You can choose not to answer questions, but law enforcement can and likely will deny you permission to enter the U.S.
- You DO NOT have the right to have an attorney when you are being questioned about your immigration status. But you can have an attorney present for questions unrelated to your status.
- You have the right to claim fear of returning to your home country. If you are told that you do not have permission to enter the U.S., but you fear persecution or torture if sent back to your home country, tell the border agent and ask for asylum. You may be eligible for immigration relief.
- ALWAYS SPEAK to an immigration lawyer before leaving the U.S. In some cases, if you leave, you may not be allowed to come back into the country for a certain number of years.