CBP agents have expanded powers within 100 miles of any US
border or coastline. This zone includes 2/3 of the US
population.
Start Assessment: Where are you?
Select your current situation to see your specific rights.
β οΈ
Fixed Checkpoints are Legal
The Supreme Court (US v. Martinez-Fuerte) ruled
that checkpoints within 100 miles of the border
are legal. You MUST STOP.
The Procedure
You pull up to the booth.
Agent asks: "Are you a US Citizen?"
Agent may look at your car exterior (visual
inspection).
Your Choices
A.Answer "Yes": (If true).
Usually fastest.
B.Remain Silent: You have
this right.
Script: Exercising Silence
"I am exercising my right to remain silent."
Note: If you remain silent, they will
likely direct you to "Secondary Inspection" to wait. This
is not an arrest, but it is a detention. They cannot hold
you indefinitely, but it may take time.
At airports and borders, the 4th Amendment
Warrant requirement does not apply to luggage or searches.
The "Digital Strip Search"
CBP can demand to search your phone and laptop. If
you refuse to unlock it, they cannot legally force
you to enter a password, BUT they can seize the
device for weeks/months for forensic analysis.
Biometrics (Face/Finger)
Courts sometimes rule you can be physically
forced to use a thumbprint.
Outside of fixed checkpoints/airports, CBP needs Reasonable Suspicion to pull you over.
What is "Reasonable Suspicion"?
They must be able to articulate why they think
YOU specifically broke the law (e.g., a heavily
weighted down car, trying to evade them).
Racial Profiling: Relying only on Hispanic appearance is illegal (US v. Brignoni-Ponce),
though it still happens.
If you are pulled over
"Am I being detained?"
"Am I free to go?"
πΉ
Record Everything. You have a First
Amendment right to record agents in public spaces.
100-Mile Zone Risk Assessment
Calculated as 100 air miles from any US external
boundary or coastline. This covers 66% of the US population.
Disclaimer: This is a broad assessment
based on state geography. Areas within "Interior" states
(like International Airports) also count as border zones.
View Official ACLU Map
A federal regulation (8 CFR 287.1) allows CBP to board vehicles and search for aliens without a warrant within 100 air miles of any U.S. external boundary. This includes the entire coastline.
Do I have to answer questions at a checkpoint?
At an internal checkpoint (like on a highway), you must stop. However, you have the right to remain silent. You can say: 'I am exercising my right to remain silent.'
Can they search my phone at the airport?
Yes. CBP claims broad authority to search electronic devices at ports of entry without a warrant. It is best to travel with devices powered off and encrypted.
What if I am a US Citizen?
You cannot be deported. However, you can still be detained if you refuse to answer questions. You do not have to answer questions about your travel or private life, but you must prove your citizenship (passport).
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