What are my rights if questioned by immigration enforcement on a US domestic flight?
A few days ago, an editor at Vice tweeted a photo of what appears to be a CBP or ICE agent inspecting the documentation of individual passengers disembarking a flight. The caption states that it was a domestic flight from San Francisco to JFK, and that passengers "were told we couldn't disembark without showing our 'documents'". This has caused a bit of a splash, with some questioning the legality and prudence of the action.
I fly domestically quite frequently. In the event that I encounter a similar situation, I wish to know my own rights and to be able to inform other passengers of theirs.
I am only interested in the narrow case defined above, in which everyone on a domestic flight is asked to show documents before deplaning. Assume that I am flying for travel rather than immigration, and that I have not committed any immigration or travel violations.
- Do I have the right to refuse compliance if asked for documentation?
- Can officials in this situation detain or arrest me solely for refusing to comply or failing to produce documentation?
- Are there possible long-term consequences if I refuse to comply, but otherwise have done nothing wrong?
I understand that immigration officials generally require probably cause to stop or detain someone, but have jurisdiction to detain someone who cannot demonstrate legal status at border crossings (source). I understand that this jurisdiction generally applies at airports for international arrivals. My question is whether it also can apply at an impromptu checkpoint for domestic travelers attempting to deplane.
Best Answer
Do I have the right to refuse compliance if asked for documentation?
You have a fifth-amendment right against incriminating yourself, so you can refuse to comply. However, depending on the legal authority for checking your ID, the officers can probably detain you until they've determined your immigration status, or whatever other facts are relevant to their investigation. Under certain circumstances, they can search your person and property, which will most likely give them access to your documents even without your consent.
If I refuse compliance or cannot produce documentation, can officials detain me at the airport, pull me off a plane that hasn't yet departed, or prevent me from boarding a connecting flight?
Yes. If they have probable cause to suspect you of a crime, they can arrest you. If they have reasonable suspicion, they can detain you to investigate that suspicion. In some cases, reasonable suspicion is not required.
Are there possible long-term consequences if I refuse to comply? Are the consequences different if I am a US citizen, a foreign national with a valid visa or green card, or an alien in the country without proper documentation?
This is immigration enforcement, so of course the long-term consequences depend on your immigration status. If you can prove that are a US citizen, or that you are an alien in compliance with immigration law, there can be no long-term consequences related to immigration violations, so you only need to worry if you are charged with other crimes. For aliens who are present in violation of immigration law, the long-term consequences could be significant indeed, up to and including detention and deportation.
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Can a TSA agent ask for immigration status?
Yes TSA absolutely has the authority to ask for visas when a person is travelling. TSA is also a part of Homeland Security, the same Department that Immigration is in.Can you refuse to answer questions at the border?
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.Can immigration detain you at an airport?
Reasons for Being Detained at the AirportLawful permanent residents are not automatically permitted to re-enter the U.S. under certain conditions. Reasons for airport detention include if the lawful permanent resident: Left the U.S. for more than six months. Abandoned their Lawful Permanent Resident status.Does CBP check domestic flights?
As part of the agreement, CBP will circulate a policy directive nationwide clarifying that the agency does not have a policy or practice of checking the identification of deplaning domestic passengers. If CBP officers seek to check identification, the directive outlines clear protocols restricting those checks.US Customs and Immigration Questions at USA Airport | What do they Ask? F1 Student Visa Guide
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.