If they say no, they need reasonable suspicion to continue holding you. You can ask an agent for their basis for reasonable suspicion, and they should tell you.
If an agent arrests you, detains you for a protracted period or searches your belongings or the spaces of your vehicle that are not in plain view of the officer, the agent needs probable cause that you committed an immigration offense or that you violated federal law. You can ask the agent to tell you their basis for probable cause.
They should inform you. CBP conducts yet another interior enforcement activity: roving patrols. During these patrols, CBP drives around the interior of the U. For these operations, the Supreme Court requires CBP to have reasonable suspicion that the driver or passengers in the car they pulled over committed an immigration violation or a federal crime. Any arrest or prolonged stop requires probable cause. You may ask the agent their basis for probable cause, and they should tell you.
In this situation, both the driver and any passengers have the right to remain silent and not answer questions about their immigration status. Your Rights in the mile Border Zone. Facebook Twitter Reddit Email Print. You do not have to answer questions about your immigration status.
You may simply say that you do not wish to answer those questions. 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. A limited exception does exist: for people who do have permission to be in the U.
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 want to know whether you fall into this category, you should consult an attorney. 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.
If an agent detains you, you can ask for their basis for reasonable suspicion, and they should tell you. If an agent asks you if they can search your belongings, you have the right to say no. Your silence alone meets neither of these standards.
Nor does your race or ethnicity alone suffice for either probable cause or reasonable suspicion. Other important factors to keep in mind: If an agent asks you for documents, what you need to provide differs depending on your immigration status. If you have valid immigration documents and are over the age of 18, the law does require you to carry those documents on you.
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. An agent may likely ask you more questions if you decline a request. No matter what category you fall into, never provide false documents to immigration officials. People who have entered the U. Expedited removal is a summary deportation that bypasses an immigration judge. The federal government says that it will only attempt to apply expedited removal to individuals who have entered the United States without inspection in the last 14 days, have been encountered by an immigration officer within miles of the border, and meet certain other criteria.
If you are told that you are subject to expedited removal but do not fall within that category, you should let the agents know.
Also, if you fear persecution if returned to your country of origin, you should immediately inform the agents of your fear. How does this work in real life?
Related Issues Immigrants' Rights. The migrant is given a little water and often-scant directions to march through unforgiving backcountry to meet the smugglers north of the Falfurrias checkpoint.
I have visited some of this ranchland, which has a barren sameness to it that makes it difficult to find your direction. Throw in a relentless south Texas sun and even a short journey can become a challenge.
But for migrants, these are not short journeys. They are miles long, often at night, into unfamiliar terrain with dangerous wildlife. Just weeks before the van accident, Lisa Molomot and Jeff Bemiss released Missing in Brooks County, a five-year odyssey for the film-makers that graphically shows the problem as the number of migrants slipping into the country has hit a year high.
But as Molomot recently told me, that story, like the issue of immigration itself, became much more complex. Just like so many other deterrence policies, the checkpoints, which drive migrants into the backcountry, has not resulted in fewer migrants, only more deaths.
The film notes that more than 20, migrants have died in the south-west US since the policy was enacted in So many lives have been lost, including many in Brooks county, that a cottage industry of support workers have sprung up that do everything from set water jugs in remote areas of the county to locating and analyzing the DNA of those who have perished in this unforgiving region of Texas. The documentary weaves together the rarely seen compassionate role of law enforcement as officers search for and recover bodies and the less compassionate role of camouflaged and heavily armed civilians who spend their nights wearing night-vision goggles to look for lawbreakers.
I drove through the checkpoint a few weeks ago on my way to Austin. The agent who checked my vehicle looked like a teenager, a potential rookie that smugglers looking for checkpoint weaknesses could exploit.
My vehicle soon approached 80mph as I drove through the desolate landscape. In half an hour, I would hit the town of Falfurrias with a population of roughly 5, On foot, in the backcountry, with limited food and water, that journey is far different. Carlos Sanchez is director of public affairs for Hidalgo county, Texas.
He was a journalist for 37 years and has worked at the Washington Post and Texas Monthly magazine, as well as eight other newsrooms.
He can be reached at borderscribe gmail. The Texas checkpoint that forces migrants into dangerous terrain — and death. Texas department of public safety survey the area where 10 migrants were killed after a van crashed in Encino, Texas, in Brooks county on 4 August.
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