![]() No matter what category you fall into, never provide false documents to immigration officials. An agent may likely ask you more questions if you decline a request. ![]() If you are an immigrant without documents, you can decline the officer’s request. If you are asked by an immigration agent to produce them, it is advisable to show the documents to the agent or you risk being arrested. ![]() If you have valid immigration documents and are over the age of 18, the law does require you to carry those documents on you. citizens do not have to carry proof of citizenship on their person if they are in the United States. If an agent asks you for documents, what you need to provide differs depending on your immigration status. U.S.Nor does your race or ethnicity alone suffice for either probable cause or reasonable suspicion. Your silence alone meets neither of these standards.That means the agent must have facts about you that make it probable that you are committing, or committed, a violation of immigration law or federal law. An immigration officer cannot arrest you without “probable cause.”.An immigration officer also cannot search you or your belongings without either “probable cause ” or your consent. If an agent asks you if they can search your belongings, you have the right to say no.If an agent detains you, you can ask for their basis for reasonable suspicion, and they should tell you. An agent must have specific facts about you that make it reasonable to believe you are committing or committed, a violation of immigration law or federal law. Generally, an immigration officer cannot detain you without “reasonable suspicion.” Reasonable suspicion is less robust than probable cause, but it is certainly not just a hunch or gut feeling.If you want to know whether you fall into this category, you should consult an attorney. While you can still choose to remain silent or decline a request to produce your documents, people in this category should be aware that they could face arrest consequences. If you choose to remain silent, the agent will likely ask you questions for longer, but your silence alone is not enough to support probable cause or reasonable suspicion to arrest, detain, or search you or your belongings.Ī limited exception does exist: for people who do have permission to be in the U.S. for a specific reason and for, usually, a limited amount of time (a “nonimmigrant” on a visa, for example), the law does require you to provide information about your immigration status if asked. You may simply say that you do not wish to answer those questions. You have the right to remain silent or tell the agent that you’ll only answer questions in the presence of an attorney, no matter your citizenship or immigration status. You do not have to answer questions about your immigration status.These apply to every situation, outside of customs and ports of entry. We will examine specific scenarios where one might encounter CBP in more depth, but here are your key rights. And, depending on where you are in this area and how long an agent detains you, agents must have varying levels of suspicion to hold you. Furthermore, as a general matter, these agents’ jurisdiction extends only to immigration violations and federal crimes. Constitution protects against arbitrary searches and seizures of people and their property, even in this expanded border area.
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