Should travelers worry when entering the US? Here’s what to know

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In the post-9/11 era and under shifting political winds, the US border has transformed from a mere checkpoint into a legal crucible — where one’s immigration status, digital privacy and even dignity are routinely tested.

Whether you are a US citizen returning from vacation, a green card holder visiting family abroad or a foreign national seeking entry, the country’s port of entry under the Trump administration can feel like a battlefield.

But there is good news: Preparedness and knowledge are your best weapons.

This column combines legal principles with practical insights — drawn from decades of immigration practice — to help travelers navigate this challenging terrain.

1. CBP authority and its legal boundaries

Customs and Border Protection (CBP) officers derive their authority from the Immigration and Nationality Act (INA), particularly 8 U.S.C. §§ 1182, 1225, and 1357, allowing them to inspect and even remove individuals at the border. However, their power is not absolute. The US Constitution still applies — albeit with limitations under the “border search exception” as recognized in United States v. Ramsey, 431 U.S. 606 (1977).

While CBP can conduct routine inspections without a warrant, unreasonable searches and indefinite detentions are not permissible. United States v. Cotterman, 709 F.3d 952 (9th Cir. 2013), held that forensic searches of electronic devices require reasonable suspicion — a crucial line in the sand for digital privacy.

2. Know your category: Rights vary by status

US citizens:
You have an absolute right to reenter the country. CBP cannot legally deny you entry. However, citizens must still prove their citizenship (e.g., via passport) and may face secondary inspections. You are not required to answer questions about your political views, religious beliefs or associations. Prolonged detention or seizure of personal devices without cause may warrant legal action under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971).

Lawful Permanent Residents (Green Card holders):
LPRs are protected under INA § 101(a)(13)(C) and cannot be deemed seeking admission unless they fit one of the six exceptions listed in the statute. However, if you have been outside the US for more than six months or have criminal issues, you may be placed in removal proceedings. Matter of Huang, 19 I&N Dec. 749 (BIA 1988), emphasizes the importance of maintaining ties to the US to rebut abandonment claims.

Visa holders and nonimmigrants:
Entry is discretionary. Any misrepresentation or perceived security threat can trigger expedited removal under INA § 235(b)(1). You may be barred for five years or more.

3. Smart practices at the border

• Stay calm and respectful. Conflict or defiance invites harsher scrutiny.
• Secondary inspection is not a guilty verdict. It’s routine and often random.
• Digital hygiene matters. Encrypt your phone. Travel only with what you’re comfortable exposing. Minimize sensitive data.
• Request a supervisor if you feel mistreated.
• Ask (politely) to withdraw your application for admission under 8 C.F.R. § 1235.4 rather than face expedited removal — a discretionary but powerful relief.
• Know when you have the right to an attorney. Admission applicants at the border do not — but if you’re placed in removal proceedings, get counsel immediately.
• Document everything. Badge numbers, times, names, what was said — this can become invaluable if filing a complaint with DHS’s Office for Civil Rights and Civil Liberties.

4. Legal and practical remedies for border abuses

• File a complaint with the DHS Office for Civil Rights and Civil Liberties or the Office of the Inspector General.
• Sue under Bivens if you are a US citizen subjected to unconstitutional treatment.
• Challenge inadmissibility or removal in immigration court with counsel, and file motions to reopen or waive grounds of inadmissibility via Form I-212 or I-601, as applicable.
• Seek congressional assistance or liaison support if CBP oversteps, especially for green card holders with strong equities.

5. LPRs: A special note on long absences

Long absences — especially trips exceeding 180 days — may suggest you’ve abandoned US residency. The key to rebutting such claims is to show continuous ties to the US: tax returns, property ownership, US-based employment and family relationships. Always travel with documentation supporting your intent to maintain permanent residence.

6. When the border feels like a battlefield

Among countless cases, I have counseled:

• A recently retired  Filipino nurse returning from a funeral who was nearly deported for being gone “too long.”
• A DACA recipient who traveled on Advance Parole only to be flagged as inadmissible upon return.
• A US citizen whose phone was taken for a digital download — without a warrant or reasonable suspicion.

These are not exceptions. They are becoming the norm. But you are not powerless.

7. Final word: Knowledge is the best carry-on

Travel with documents, yes. But also with awareness. The border is a space of both law and discretion. Assert your rights calmly. Know your remedies. Be respectful but vigilant.

In an age where suspicion is policy, dignity is resistance.

The right to return home – to cross a border without fear –  is not just legal; it is moral. And it is worth defending.

Atty. Arnedo S. Valera is the executive director of the Global Migrant Heritage Foundation and managing attorney at Valera & Associates, a US immigration and anti-discrimination law firm for over 32 years. He holds a master’s degree in International Affairs and International Law and Human Rights from Columbia University and was trained at the International Institute of Human Rights in Strasbourg, France. He obtained his Bachelor of Laws from Ateneo de Manila University. He is a professor at San Beda Graduate School of Law (LLM Program), teaching International Security and Alliances.

Rev. Valera is also an ordained evangelical minister, non-denominational.