A Guide to Airport Detention For Non-US Citizens (2024)

EMAIL info@attlaw.com

(972)426-7464

EMAIL info@attlaw.com

(972)426-7464

EMAIL info@attlaw.com

(210) 890-4118

EMAIL info@attlaw.com

(346)241-0125

ACustoms and Border Protection officer may detain a foreign national attempting to enter the United States (U.S.) at an airport. Those eligible for detention can include undocumented immigrants, lawful permanent residents, or individuals intending to enter the U.S. with an immigrant or nonimmigrant visa.

Border protection officers also have the authority to search travel bags for contraband and ask questions about an individual’s lawful status, whether or not they suspect the individual of criminal activity or illegal travel.

Nevertheless, immigration law prohibits a Customs and Border Protection (CBP) officer from searching, detaining, or removing an individual on the sole basis of their ethnicity, gender, religion, national origin, or political beliefs.

If you intend to return to the U.S. and are unsure of your immigration status, animmigration attorney in Texascan advise you on the necessary steps to reenter the U.S. successfully.

Reasons for Being Detained at the Airport

Border officials follow specific rules and regulations at the port of entry and may detain individuals who fail to meet certain conditions required under U.S. immigration laws. Some of the most common reasons for airport detention include the following:

• The individual committed a felony or other serious crime outside the U.S.
• The individual is a threat to public safety or national security
• The individual applied to enter the U.S. with an incorrect visa
• The individual abandoned their lawful permanent resident status
• The individual arrived at the airport without applying for asylum
• The individual was recently deported from the U.S.
• The individual was involved in illegal activity outside the U.S.
• The individual missed their immigration hearing date
• The individual entered the country illegally

Individuals in any of the above categories may be detained and transferred for removal by theDepartment of Homeland Security. They may also be issued a Notice to Appear (NOA) before an immigration judge. Immigration officials may place them in a detention facility while they await their hearing.

A skilleddeportation defense lawyercan negotiate with the U.S.Citizenship and Immigration Services(USCIS) or an immigration judge. They can also assist in requestingimmigration appeals and bondsand prevent immigration and customs enforcement from taking immediate deportation action against you.

What You Should Do if You Get Detained at the Airport

Individuals who are arrested or detained by immigration should take the following steps:

• Avoid signing any documents that you do not understand;
• Ask for an interpreter if you do not understand English;
• Be polite and calm when speaking to immigration officials;
• Contact a professional immigration attorney immediately;
• Collect the names of the officers questioning you;
• Do not accept a voluntary departure without consulting an attorney;
• Do not withhold information from your attorney;
• Inform the immigration officer if returning to your home country will put you at risk;
• Review all written documents presented to you carefully in a language you can understand;
• Request a phone call to a loved one who can secure legal representation.
• Refrain from making any false statements or providing false documents;
• Understand your rights under U.S. immigration laws and request that they be respected.

Border officials are authorized to inspect and question you once you have been detained. Depending on the circ*mstances of your case, CBP officers may inform you that you do not have the right to an attorney before they begin questioning. However, you may still notify them that you require one.

Detained green card holders must establish their identity and provide evidence of their legal status, while foreign nationals may ultimately be denied entry. Refusing to comply with immigration officials will only delay the process and deny you entry into the U.S.

If the CBP officers are satisfied with your answers, you will be granted entry and allowed to continue with your travel plans. However, if you are denied entry, they will transfer you to animmigration detention centeror put you on the next flight to your home country.

Immigration officers may grant individuals temporary entry into the U.S. for some time (usually one week) so that they can provide evidence or additional documentation.

Non-citizens who believe that returning to their home country will endanger their lives can inform the immigration officer and request asylum. However, an asylum request may increase your time at an immigration detention center.

Refusing to Answer Questions When Detained

If you are a lawful permanent resident (LPR) who has maintained legal status in the US, you only have to answer questions establishing your identity and permanent residency. You can decline to answer questions about your religion or political beliefs.

Non-citizens who refuse to answer questions may be denied entry and asked to leave the country on the next available flight. However, after they depart from the U.S., they may be allowed to return to the US once a certain number of years have passed.

Once an immigration officer finishes questioning you, they will decide whether to keep you in a detention facility, transfer you to immigration proceedings, or release you on bond. The decision is usually made within two days.

After three days, the immigration office will issue you a notice to appear before an immigration judge. Andrew T. Thomas, Attorneys at Law, can secure your release from detention by paying a bond or requesting a bond hearing. We can answer questions related to removal proceedings to help you understand the legal matters associated with immigration.

How Can a Lawyer Help You?

If you find yourself detained at an airport, especially if you’re not a U.S. citizen, an immigration lawyer can be a valuable asset in navigating the situation. Here’s how a lawyer can help:

Provide Legal Assistance

A lawyer can help you understand your legal options and rights under U.S. immigration laws. They can also represent you before an immigration judge, assist with filing necessary paperwork and petitions, and request a bond hearing.

2. Collect Evidence

An experienced lawyer can help collect evidence to support your case, such as documentation proving your legal status, family ties in the U.S., or potential dangers if you were to return to your home country.

Determine Eligibility for Relief

If you are facing removal proceedings, a lawyer can help determine if you are eligible for relief from deportation, such as asylum or cancellation of removal. They can also assist with filing necessary applications and petitions for relief.

Negotiate with Immigration Officials

A skilled lawyer can negotiate with immigration officials on your behalf to prevent immediate deportation and secure your release from detention. They can also advocate for a fair bond amount or request alternatives to detention.

Provide Emotional Support

Being detained at an airport can be a stressful and overwhelming experience, especially if you are in a foreign country. A lawyer can provide emotional support and guidance during this challenging time, helping you navigate the process with confidence.

Deportation Defense

If you are facing deportation, an experienced immigration lawyer can provide a solid defense to help you avoid removal from the U.S. They can challenge the government’s evidence, cross-examine witnesses, and present compelling arguments in your favor.

Contact an Experienced Immigration Attorney Today

The stakes are high in airport detention cases, but honesty and experience equal results. The skilled immigration lawyers at Andrew T. Thomas, Attorneys at Law, can assist you with fighting your detention and removal. Our team can explore the options available to green card holders and non-citizens in deportation proceedings, including cancellation and waiver of removal.

If you are detained for committing a serious felony in your home country, or you have a criminal record that might affect the validity of your foreign passport, our team can still help! We are experienced in matters involving immigration consequences of criminal convictions. If you need a certified copy of your criminal court transcript, we can help.

Our immigration attorney can provide urgent support and representation during your immigration proceedings if you’ve been detained at an airport.

Call us today to schedule a free consultation.