Your Rights at the Airport and Ports of Entry
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Your Rights at the Airport and Ports of Entry

October 26, 2019


Welcome to the ACLU my name is Nate Freed Wessler I’m a staff attorney with the ACLU speech privacy and technology
project and we’re here in the ACLU offices you can see we’re- we’re busy
fighting for constitutional rights we’re here to talk about your rights at the
border and other ports of entry that’s airports land border crossings seaports
if you’re coming in on a cruise and what you can expect there what your rights
are there are a lot of important questions that we hope to be able to
answer and so please send us your questions I’m joined here by Esha
Bhandari a staff attorney in the speech privacy and technology project here at
the ACLU and Hugh Handeyside a staff attorney with the national security
project here at the ACLU the three of us have worked on these issues for a long
time these are not issues that are you know new under the Trump administration they
go back but the the concerns are heightened now for for obvious reasons
as we try to figure out what our rights are under this administration what our
rights are under the Constitution and how to protect them so please send us
your questions we want to have a conversation we want to be helpful we
want to shed whatever light we can on how we can best protect ourselves when
we’re at the border whether we’re talking about searches of electronic
devices or what to do when a customs agent asked for a password to your phone
or your laptop whether we’re talking about what kind of questions are proper
for a border agent to ask you whether they can ask about religious practice or
about what you were doing on your trip abroad or about your friends or
associations or family members how long can you to be detained at the border
what kind of treatment can you expect these are all really important questions
that Americans and visitors to the country encounter all the time crossing
our borders and we want to make sure that people are armed with the most
accurate information possible before we get started we have a lot of materials
on the ACLU website that are helpful in this area including a know your rights
guide with answers to a lot of the frequently asked questions in this area
you can get there by going to www.aclu.org/airports lots of good answers there as well as a form where you can submit accounts of
experiences you’ve had at the at the border that you think may have violated
your rights and it provides us with a way to get a sense of what’s happening
out there and to potentially help take action in particularly bad situations so
let’s start our conversation Esha do you want to get us started talking about
what people’s rights are when they’re traveling into the u.s. whether it’s
crossing from Mexico or Canada or flying into an airport with an electronic
device with a smartphone or a laptop or a flash drive things that all of us
carry with us you know in our daily lives including when we travel what can you do
if a border agent wants to search that sure and so the most important thing to
know is in the first instance the government claims the authority to
search travelers’ electronic devices when they are at the border there is a policy
dating from 2009 in which the government reserves this right to do so even if
there’s no individualized suspicion and the law is murky the state of the law at
the moment is unclear because the Supreme Court has not definitively ruled
on whether the Fourth Amendment requires individualized suspicion or a warrant
before an electronic device is searched at the border so with that said there
are certain things that you should know certain rights that that you can assert
and then choices that you may want to make based on your own personal
circumstances in the first place your right to refuse to turn over a password
to an electronic device will depend on your citizenship and immigration status
US citizens and returning green card holders should not be refused entry into
the country for refusing to turn over a password to an electronic device that
said you may have your device seized by the government and potentially held for
weeks or months while the government searches the device and you may be
detained for up to several hours if you do refuse to hand over a password so
these are just things you should know and as you decide what you want to do if
you are asked for a password and if you are not a green card holder or a citizen
if you are a visitor from a Visa Waiver country or someone traveling with a visa
you do risk being denied entry for refusing to hand over a password so be
aware of that now there are some things you can do to protect yourself in
advance of a trip obviously you can travel data light if there is
information that you do not need to be carrying on your devices you don’t need
to carry that that information you don’t need to bring devices with you that are
unnecessary you can also make sure to encrypt all of your devices and shut
them down when crossing the border make sure that everything you have is
locked with a strong and unique password and use cloud services upload your data
to cloud storage services to the extent possible and don’t carry them on you if
you have photos on a digital camera for example you can upload those to a USB
key or to a cloud storage service and reformat the memory card on your camera
these are just some of the steps you can take we’re happy to talk more and take
your specific questions thanks Esha so so that deals with one thing that can
happen at the border right you’re carrying all this information with you
in your pocket or in your bag that you may for very legitimate reasons not want
to share with the government right information about your your
communications with loved ones your text messages or emails intimate photographs
medical information then there’s another category of information that’s not in
your pocket or in your bag but it’s in your head things that equally you know
we may want to protect from government scrutiny not because we have something
bad to hide but because it’s really an aspect of protecting our constitutional
freedoms so Hugh can you talk about what kinds of questions are appropriate
for a border agent to ask somebody and what people can can do what are your
rights when you’re trying to decide how to respond to questions sure there’s no
question that the government has the authority to stop travelers when they’re
seeking to enter the country and they can stop them for a reasonable period
question them about the purpose of their travel and search their belongings and
their persons if necessary and they can do that without any
suspicion that that particular travel- traveler has engaged in any kind of
wrong doing what they can’t do is refer you for a secondary inspection or for
additional screening based solely on your race or ethnicity or a parent
religion or other kind of protected characteristics like that we have heard
of instances in which Customs and Border Protection officers have asked
particular travelers about their personal beliefs specifically their
religious beliefs and on occasion about their political beliefs and typically
the target of those kinds of questions have been Muslims almost exclusively on
Muslims and those Muslim travelers have been asked about you know what sort of
which kind of Islam they practice whether their Sunni or Shiite whether or
not they go to mosque regularly who their Imam is other kinds of specific
questions about their religious beliefs those questions go to the very heart of
people’s First Amendment rights our beliefs our religious beliefs and
practices are protected under the First Amendment and we don’t surrender those
rights when we cross the border so travelers should feel free to decline to
answer those kinds of questions and if the officers persist you can always ask
to speak to a supervisor but you can make it very clear that you don’t think
that that line of questioning is appropriate and and that you refuse to
or decline politely to answer those kinds of questions and then of course
we’re very interested in hearing about those instances so as Nate mentioned it
would be great if if that happens you go to the ACLU website and provide an
account of that kind of questioning and submit it to us and if you go to aclu.org/airports there’s a link to a form you can use to let us know what
happened and just one other issue that we see aside from the device searches or
the questioning is just unreasonable detention as I mentioned the government
can detain you for a reasonable period but US citizens have an absolute right
to enter the country and green card holders also have a right that’s
grounded in the Constitution to re-enter the country so at some point what is a
lawful border detention will become an unlawful seizure it’s not clear when that
happens it’s not there’s no bright-line rule as to
how many hours they can hold you but we are very interested of course and
hearing about multi hour detentions particularly when there doesn’t seem to
be any valid purpose based in any kind of suspicion about you or what you might
be carrying and so if that happens that’s another reason to get back in
touch with us so we’re starting to get some some questions I want to turn to
those but again my name is Nate Wessler i’m here with Esha Bhandari and Hugh Handeyside
from the ACLU talking about your rights at the border of what are your rights
what can border agents ask you what can they search how can you respond so Jim
asks Esha I think this is a question for you my understanding is that it does not
matter if you’re an immigrant or a US citizen they have the right to search
your phone is that not correct so to be clear the government at the moment
asserts the right to search electronic devices regardless of whether you are a
citizen or an immigrant and the courts have not definitively weighed in on
whether more individualized suspicion is required whether it’s probable cause
whether it’s a warrant at the moment the government says we can search your
device’s regardless of any level of suspicion regardless of whether you’re a
citizen or an immigrant that that’s something that you should all be aware
of as I mentioned before one of the questions that might arise is are you
required to give up your password and that’s where immigration status can make
a difference and where citizens and returning green card holders shouldn’t
be denied entry if they refuse to hand over a password nonetheless if your
device is seized the government may either do what we would call sort of an
on-the-spot manual search of the things on your phone whether that’s your
applications email social media apps texts contact lists or they may keep the
phone to do a later forensic search and forensic searches can be very invasive
it’s important to know that if the government in fact has your device and
does a forensic search they can get deleted files that you weren’t even
aware were still on the device metadata all other files that are currently on
the device it’s essentially a computer strip search so be
aware when you’re carrying devices of that risk and as I mentioned you may
want to consider taking steps to minimize the data you carry for that
reason and we should be clear you know that this is an issue that’s been going
on for a long time and something that the ACLU is very deeply concerned about
and we’ve we’ve been working for years to push back against this expansive
really offensive claim of authority so as early as twenty ten and twenty eleven
we were filing lawsuits against the government challenging their authority
their claimed authority under the Fourth Amendment to search people’s electronic
devices with no individualized suspicion whatsoever we’ve sued under the Freedom
of Information Act to get records so we have basic information about who’s being
searched how many are US citizens how many are visitors or green card holders
or visa holders just recently we filed a friend-of-the-court brief in a federal
appeals court in a case out of Virginia making these arguments about why in fact
under the Fourth Amendment a warrant should be required so we’re pushing back
where we can but but as a practical matter a lot of the time people should
be aware of the situation you may be in and the choices you have to make at the
border so I’m going to turn to another question this is from Bill who’s asking
about really what is the border and is asking isn’t there this concept of a
hundred mile zone of the border where the government claims broader authority
or has broader powers to search you Esha should people be worried about device
searches within that hundred mile zone once you’re you know once you’ve gotten
through the airport or cleared the border crossing at the southern or
northern border what are the real concerns there yes this hundred mile
zone issue is something that we certainly pushed back against and for
people living in border communities is a real problem with checkpoints and
immigration stops but just to be clear when we’re talking about the
government’s asserted authority to search electronic devices we really are
just talking about when you are at the border entering whether it’s a land
border at an airport or a seaport we have not heard of any instances of the
government within a hundred miles of a border simply stopping people and
searching electronic devices that shouldn’t be happening and if that
is happening we definitely want to know about it you know there are some sort of
complicated exceptions of when a border search might continue beyond the point
that you’ve left an airport if in effect it hasn’t ended but if you have
left an airport you have gone home you’ve gone about your business there
should be no reason that the government should come and ask to search your
device without a warrant and you know you should feel confident in that and
certainly if you hear of that happening or it happens to you we definitely want
to know about it as Nate mentioned aclu.org/airports is where you can go
and there’s a form there you can get this information so Rinku asks what
are they looking for when they’re doing these searches Hugh can you talk a little
bit about the kind of investigations that are happening at the border well
typically for a long time it was drugs and/or other forms of contraband and
some of the authority that has grown up around that objective has been
specifically oriented to it so if they want to conduct a strip search they need
to have an elevated level of suspicion specifically that you’re carrying some
kind of contraband and in most cases that’s been drugs so they have to have a
strong enough reason to believe that you’re actually hiding drugs on your
person they can’t conduct a strip search just because they think that you may
have been involved in some sort of illegal activity somewhere else in the
world so so it’s typically drugs and part of the argument that we have with
the government is that it wants to define its mandate at the border very
broadly it wants to say we’re looking for really anybody who’s up to kind of
no good and we want to define the mandate more narrowly consistently with
their the authority that they have grounded in statutes by law and
typically that’s they’re trying to determine if people are admissible to
the United States and whether or not they’re bringing in any kind of
contraband and typically their questions and their searches should be oriented
around those two objectives and for u.s. citizens there should be no question
about your admissibility that question has been answered and so really it comes
down to whether or not you’re bringing in any contraband and and to the extent
that they’re searching or they’re asking questions it should be focused on that
so to folks who have just joined us we’re here at the ACLU I’m Nate Wessler here with Esha Bhandari and Hugh Handeyside talking about
what your rights are at the border Steph asks most legal searches require a
warrant don’t they and that that’s absolutely right normally when you
encounter law enforcement local police the FBI the DEA inside the country in
order to search a private space for a thing or a place in which people have a
reasonable expectation of privacy under the Fourth Amendment a warrant is
required that means go to a judge show probable cause and then get a piece of
paper a warrant that authorizes a search and explains exactly what can be
searched and what the limits are on that search the border has always had a
different rule but really the the fight that is starting to happen in the courts
and that we are pushing hard on is to figure out how this this old different
rule at the border that says no warrant is required should apply to these kinds
of digital devices that are nothing like a suitcase or a pocketbook that might
have had drugs in it in the past coming across the border now we’re talking
about you know all of our communications all of our photographs all of our
medical records all of our very sensitive records you know more than we
ever could have carried with us before Esha can you talk about the arguments
we made in our most recent friend of the court brief on this issue sure and and I
want to be clear you know sometimes you hear people saying well the Fourth
Amendment doesn’t apply at the border that’s not true the Fourth Amendment
applies we have constitutional rights at the border the the question is just what
is the scope of the historic exception to the Fourth Amendment’s warrant
requirement and typically for routine border searches the courts have held
that customs agents do not need a warrant for searches of luggage for
example things that people are transporting across the border but what
we’ve argued most recently in the Fourth Circuit Court of Appeals based out of
Virginia is that for electronic device searches these are searches that are so
invasive and where our privacy interests are so great that the Fourth Amendment’s
warrant requirement should apply and these shouldn’t be considered routine
border searches which you know don’t require any individualized suspicion
whatsoever and and the Supreme Court in a decision called Riley a few years ago
made this clear you know when it talked about what’s known as a search incident
to arrest and it said that typically while officers who arrest someone may
not need a warrant for particular searches of the person they do after
arrest they need a warrant to search their electronic devices because the
digital data contained on those is so invasive and the privacy interests are
so great that that’s what the Fourth Amendment requires and we’re arguing the
same is true at the border that even if routine border searches of luggage can
go forward without a warrant and that that’s consistent with the Fourth
Amendment that that’s not true of electronic devices and and you know it’s
apparent even thinking about the things that we have on our phones that even a
quick search could reveal you know social media apps email text messages
entire contact list all of your personal photos there’s just so much that’s
available there that you know that a warrant is the only real protection
consistent with the Fourth Amendment so Rinku asks if you’re detained you have a
right to a lawyer Hugh what can you reasonably expect if you’re in that
secondary inspection room waiting for more question right well US citizens do
have a right to a lawyer the precise scope of that right when you’re at the
border is not quite clear but it is clear that if the questioning goes
beyond what you would expect to be quite routine questions about what you did
when you were overseas or the purpose of your travel and the questioning
transitions into something that feels more accusatory or suggests that you may
be suspected of some sort of wrongdoing certainly you are entitled to counsel in
that in that situation and you have every right to assert that that’s that right
the same should go for green card holders as well if the but the same
probably does not apply for non citizen visa holders so in that situation again
unless there is a strong indication that you’re being accused of a crime and that
your statements could incriminate you you probably don’t have a constitutional
right to counsel you can always assert your right to remain silent and is a
kind of related question from Chris if you’re a citizen or green card holder
are you allowed to take notes during that encounter and secondary inspection
when you’re at the border certainly and it
would probably be advisable and if there’s anything problematic about the
search i would definitely recommend getting the name of the CBP officer
who’s conducting it trying to get the name of the supervisor who’s involved
getting any other kind of identifying information like badge numbers and if
anything of yours is taken get a receipt for that documented as much as you
possibly can and we’re always interested in hearing those kinds of details and to
the extent that there’s any following action it doesn’t have to be a lawsuit
it could be an administrative complaint to the Department of Homeland Security
it could be you know other sorts of actions for redress that fall short of a
lawsuit that kind of documentation will of course be helpful so Jim asks does
putting a device in your checked bag make a difference and and Michelle is
wondering do you have to turn over all your electronic devices even a USB Drive
Esha can you talk about those kind of questions yeah it’s you know the
question is does it matter where you’re carrying your device the most important
thing is you shouldn’t lie to any government agent at the border if you
are asked if you are carrying a cell phone you have to tell the truth whether
that cell phone is in your purse you’re holding it whether it’s in your checked
luggage so so it’ll really depend on the questions that the agents ask you it may
be that they’re not interested in devices in your check luggage it may be
that they are and they ask you about those so it’s really hard to say in
advance certainly you know you can carry whatever devices you carry and have them
locked and shut down you may be asked to turn them on so you know there’s no hard
and fast rule on that so again we’re here at the ACLU I’m Nate Wessler I’m
here with Esha Bhandari and Hugh Handeyside talking about what your rights are
at the border when it comes to device searches or requests for your password
that comes to invasive questioning about your religious practices or your
activities or associations detention at the border how long you could be held
please keep keep sending us your questions and visit our website if you
go to aclu org slash airports you can get some good know your rights materials
and there’s also a link to a form you can use to report to us troubling
situations you’ve run into at the border whether it’s airports or a land
border we want to hear about it because we’re really committed to pushing back
against some of these very expansive claims of authority by the government as
they interact with people traveling across the border Ben asked a question
about cloud backups with cloud backups from a phone or laptop can I wipe the
device before getting to the border and then restore you know the materials on
the other side if I do that can border agents legally compel me while i’m there
at the border to restore that that data to the device this is a factual scenario
we haven’t heard about specifically the you know the question of whether you can
be compelled to restore data you know as I said at the outset I think the
question of whether you can be forced to turn over a password is clear for
citizens and returning green card holders if you are a citizen and a green
card holder and you are asked to restore data or you know provide any sort of
access to cloud-based accounts you know I think you would be justified in
refusing to do so and you know not affirmatively providing evidence that’s
located somewhere else because the justification for border searches are
the government is searching you to determine admissibility and whether
you’re carrying contraband if you are a citizen or returning green card holder
your admissible any question should be settled certainly for citizens very
clear and you know cloud stored data that’s on a third-party server is not
anything that you are carrying on yourself it’s not in any conceivable or
meaningful way contraband that you could be transporting across the border but
this is an untested question it’s it’s you know certainly an understandable
question in light of reports that we’ve heard that the government is considering
asking for social media passwords as a condition of entering the country the
the sort of legal status of that for visitors is very different for citizens
and we have not heard of citizens being asked to restore data or provide access
to data that’s that’s not even being carried on the person so Arti asks if you
find yourself being singled out at the border you know what can you do there if
there are a number you can call to try to get get help
if so you know what what can you what can you do to try to bolster your
position in that in that moment that’s a tough question and that’s a dilemma and a
problem that many travelers face because typically you don’t have meaningful
access to your phone even if you do have your phone on your person the officers
will prohibit you from using it if you do have access to a phone and you feel
that you need to that you need assistance then by all means use it as
long as you’re not directly disobeying an order from a CBP officer and you
could use it to call you know a loved one or a lawyer somebody who can get
assistance for you but it can also be difficult for that person then to to
gain access to you in order to render that assistance so it can be quite
difficult to to respond meaningfully in that situation proactively but but one
thing you can do is assert the rights that you do have and you can politely
assert those rights you can also ask to speak to a supervisor and very often we
found that being assertive in a non-confrontational way can be
actually quite productive and if it appears that you’re aware or you have a
strong sense for your own rights or sort of the limits of the information you’re
willing to divulge that making it very clear what those lines are for you can
actually help defuse the situation and and in some cases get you out of there
faster but the the reality is they’re very often it’s a matter of simply
waiting until the CBP officers have satisfied themselves that you’re that
you can be let go so Pepin asks how do we know what they can do with the data
once they search or copy it off of your phone or your laptop are there limits on
what they can do about it do they have policies sure well there are retention
limits for the data that they have that they’ve either taken from your device or
that the notes that they’ve taken that may describe some of the data on your
own device those retention limits are a little different it does seem that
if they have copied you know mirrored your entire drive that
they’re supposed to make a determination about whether or not they need to retain
that information and supposed to do it relatively quickly and if they don’t
need to retain that information they’re supposed to get rid of it it may be
different though they may have quite longer retention periods for information
that they have put into their notes of making observations not the data itself
but there are notes about the data and it seems under our reading of some of
the relevant authorities that that could be retained for up to 75 years so that’s
quite quite a long period so Robert asks what’s the statutory or regulatory
authority the government claims authorizes them to do these searches and
I would add to that you know there’s a question about the search itself and
then there’s a some authority that the government has pointed to that they say allows
them to force somebody to turn over a password can you talk about what the the
limit of the laws are and then how that interacts with the Constitution yeah so
so CBP and ICE are relying on policies I should say CBP is Customs and Border
Protection ICE is Immigration and Customs Enforcement two two branches of the
Department of Homeland Security that are often collaborating in these areas yes
so so there are government policies dating from 2009 where both of these
agencies essentially say that as part of their authority to conduct border
searches they can also conduct searches of electronic devices without
individualized suspicion one of the questions that we are seeking answers on
is whether these policies are still in effect whether there’s been any change
since then whether there’s any more detail about you know under what
circumstances device searches will happen but but that’s what we’ve seen
publicly there’s also a statute that seems to permit customs officers to seek
assistance from other people in carrying out their duties and we’ve seen some
arguments from the government saying that this assistant statute also gives
them the authority to compel people to hand over their passwords this is an
interpretation that’s never been tested in the courts and we think it would
raise serious constitutional concerns if in fact the compelled assistance could
be compelled from the very person being searched you know most likely the intent
of the statute was to cover assistance by third parties in different
circumstances but that’s the state of the government’s position and you know
we certainly argue that there are constitutional limits on device searches
without a warrant and individualized suspicion and so this government policy
is not actually consistent with the Fourth Amendment but that’s you know
that issue is going to be considered by various courts in the coming months and
years as Nate mentioned we have filed a friend-of-the-court briefs in an
appellate court based out of Virginia most recently where the government has
argued that they can they can do it device searches without individualized
suspicion and where we argue that a warrant is required so we’re here at the
ACLU we’re talking about your rights at the border when you have a electronic
device that may be subject to a request a search or you’re under questioning by
the government Desiree has a question about how long you can be detained and
what you can do about it and she asks as a follow up to something we were
discussing earlier you know if you are being detained for four hours or six
hours or longer and then they let you out can you do something about it what
can you do after the fact well just to say at the outset that under the
existing case law regarding border detention there’s nothing inherently
unlawful about detaining someone for up to four to six hours in fact a sort of
leading case on this issue the plaintiffs in that case were detained
for six hours and the court in that case blessed that detention in some ways that
was dependent on those specific facts but courts have given a great deal of
deference to the government in terms of how long it can hold you afterward you
can seek redress in a few ways none of which are particularly adequate but
there is a program called the department of homeland security traveler redress
inquiry program and that’s available if it appears that you are being repeatedly
detained or if you’re subjected to secondary inspection whenever you enter
the country or or frequently when you enter the country for reasons that may
be related to inclusion on a watch list other kinds of indications would include if you’re frequently subjected to secondary screening by the
by the TSA when you seek to fly so you can submit a petition under that DHS
trip program you can also submit administrative complaints to the DHS
components whichever component CBP or ICE is responsible for the conduct that
you’re complaining about there are you know other ways that are sort of less
official you can always be in touch with your member of Congress that can
actually be quite productive at times of course you can contact us and and
failing all that there there’s the option of litigation it can be difficult
to bring a lawsuit challenging some of these practices just because of the
discretion that officers have at the border but there are a number of tools
that are available and simply raising these issues and in doing so repeatedly
and bringing them to the attention of the government can actually be an
important step in at least getting them the data and the feedback that they need
to begin to respond to them so it’s important to raise them Jose asked a
question about how to help somebody that you know who’s at the border this relates
to something you were talking about earlier Hugh Jose has family that’s
going to be visiting from out of the country and is wondering you know if
they are subject to extra extra questioning extra screening if they’re
held for a long time is there anything he can do to help them in that situation
I think just education beforehand is very important and that’s why we’re
holding this this event and making sure that you’re aware of of what the limits
are on the government’s conduct in those situations so that you can confidently
assert your rights and and establish sort of limits or ground rules if I may
during those kinds of detentions and escalating them when you’re in the
situation to a supervisor if it appears that the conduct is inappropriate and if
there is the option of using a phone to get a hold of someone to seek assistance
then then taking that option if necessary but i think the advance
planning and the awareness ahead of the issue and of course when it comes to
devices making sure that if there’s anything on a device that you simply do
not want to be searched that that’s not
accessible from the device or that you’ve taken the steps that Esha
mentioned earlier encrypting the device setting a strong password powering it
down and then prepping yourself for arrival at the border so to return to
something we talked about earlier but I think it bears repeating again Kevin
asks if I’m at the border can I refuse to unlock that phone if they you know
the phone is encrypted it’s password protected they’re demanding for it to be
unlocked who can refuse and what circumstances and what recourse do you
have in that in that situation so the answer that question does depend on
immigration status if you are a citizen or a returning green card
holder you shouldn’t be refused entry to the country for refusing to hand over
your password but the consequence could be that you are detained for longer than
you otherwise would have been and that the government might seize your device
and keep it for weeks or months so the decision in that moment really is up to
you it’s a personal decision whether you would rather refuse to hand over your
password and and potentially have the device seized or whether you would
rather not risk that for visitors who are here on visas or through Visa Waiver
countries there is a chance that by refusing to give over a password you
are denied entry to the country so that’s another factor that you should
consider one thing that may be helpful if you are carrying particularly
sensitive information that would be protected let’s say by the
attorney-client privilege or a journalist privilege or doctor-patient
privilege you can always try mentioning that to the CBP agent or asking to speak
to a supervisor and mentioning that if your device is searched there’s
privileged information on it that the government might see it’s always worth
trying that but certainly citizens and returning green card holders shouldn’t
be refused entry to the country if they refuse a password well that brings us to
the end of our time here thank you all for joining us thanks to both of you if
you have more questions about what your rights are at the border please visit
our website to go to www.aclu.org/airports we have know your rights
materials we also have a link where you can report
incidents you’ve experienced at the airport or your loved ones have that we
can take a look at we are doing a lot of work in this area trying to support
people’s rights at the border trying to push back against the very expansive
claim of authority that the government has there and to defend all of our
rights under the Constitution so thanks again we’re we’re here at the ACLU
continuing to do our work and we can’t do it without you

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  1. What they are not telling you is if you do not give up passwords CBP will confiscate your device for weeks or longer it may cost you lot of money to hire an attorney to get a federal court order to get it released. If your a citizen they can also detain you for hours maybe a few days they can bar you from contacting an attorney you can be jailed and some US citizens have been jailed for 30 days only to blame it on a mistake. It's best not to take laptops and smart phones with you what I do is take a simple flip phone I buy a sim card from local phone store in the country I'm visiting. When returning I simply explain that I only carry a simple phone for use in other country's because I'm concerned about my expensive phone being stolen, or hacked. Don't make any stupid jokes that your packing drugs or visiting ISIS. Simple answers to their simple questions and get though it fast as you can.

  2. I am Irish citizen. But i was born in Myanmar and i am not dualist citizent. As far as I know, Irish citizens can travel to Bangladesh and would get on arrival visa. But Bangladesh airport refused to entry due to I was born in Myn. Base on this ground they refused and showed on the letter only said "immigration reason" on these issues what can do I against their unjust refusal?

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