Knowing Your Rights at Ports of Entry as a Lawful Permanent Resident (LPR) Traveling Abroad and Returning to the United States

Lawful Permanent Residents (LPRs) should know their rights when traveling abroad so that, upon return, you don’t run into issues at an U.S. port of entry. For example, if a CBP officer alleges that you have lost your permanent residence status for some reason, or are not admissible into the U.S., you have the right to fight this decision in front of an immigration judge. It is also important to understand CBP’s scope of authority when it comes to searching electronic devices, a practice that is becoming increasingly more common. Read on for specifics.

Returning Resident or Arriving Alien?

Know that as an international traveler, LPRs are subject to an inspection by customs (CBP) just like anyone else entering the United States from another country. Agents might question and screen you to ensure you are a returning resident (and not an arriving alien), and should not regard you as someone “seeking admission” to the United States unless you:

• Have abandoned or relinquished your LPR status
• Have been absent from the U.S. for a continuous period of more than 180 days.
• Have engaged in illegal activity after departing the U.S.
• Have departed the U.S. while under legal process seeking your removal (as an alien) from the U.S. (including removal proceedings under the INA and extradition proceedings).
• Have committed certain criminal offenses.
• Are attempting to enter at a time/place other than one that’s been designated by immigration officers or have not been admitted to the U.S. after inspection and authorization by an immigration officer.

The problem with being deemed as seeking admission is you might be charged as removable from the United States as an arriving alien. As an LPR charged as such, you have the right to a hearing before an immigration judge, but you certainly want to contact an immigration lawyer so you don’t make a wrong move.

Refusing a Search of Electronic Devices and Social Media Accounts

The current policy, as released by the CBP, states that officers may search your electronic devices at a port of entry “without individualized suspicion.” Why? Thanks to some long-upheld rulings by the Supreme Court, the CBP has the authority to conduct suspicious-less searches because the court recognizes these as “border search exceptions” to the 4th Amendment. They don’t need a warrant due to national security interests as conducting a border search is reason enough.

When it comes to your private social media accounts, this is where things get a little tricky. Technically, CBP can only ask you for social media “identifiers”–not to be confused with passwords. However, the American Immigration Lawyers Association (AILA) has received several reports of CBP officers requesting login information to access private accounts and their messages.

CBP officers can take physical possession of your electronic device either when upon searching it they discover probable cause for seizing it (with or without suspicion of wrongdoing) or they have “technical difficulties” in searching it such that they need technical assistance to continue the border search. What counts as a technical difficulty? A prime example is the inability to unlock the device due to non-consent. From there, they should return you device within 5 days, but are allowed to keep it for up to 15 days or gain an extension for keeping it longer.

For more on inspection of electronic devices, consult the U.S. Customs and Border Protection Tearsheet.

Click to access inspection-electronic-devices-tearsheet.pdf

No Right to Counsel

During the inspection and admission process, although LPRs have no right to counsel, sometimes CBP will allow an attorney to be present. Of course, this is at the agency’s discretion and specifically when it comes to accompanying clients detained in a secondary inspection and/or ordered to appear at a deferred inspection office.

When to Consult an Immigration Attorney

Making sense of the law is difficult. Therefore, if you have questions regarding your rights as an LPR, contact an immigration attorney before you arrive at a U.S. port of entry—perhaps even before you leave the U.S. to travel abroad. We are here to help, so feel free to contact us online.