It is true, it is more than clear that entering the territory of the United States without authorization is illegal. However, it is important to emphasize that, even in this circumstance, people have rights that they can claim. The authorities cannot carry out harassment, torture and some judicial practices against undocumented immigrants, This is what the American Civil Liberties Union (ACLU) says.
Through an article on its website, the association stated that, Regardless of their immigration status, people have rights guaranteed by the United States Constitution, and it is important that they know them and know how to express them to avoid an attack. Although they present different scenarios ranging from what to do if a police officer asks about his immigration status or if he is detained, this time we are going to talk specifically about What happens if you are at the border.
If you want reduce the risk of facing a rights violation if you are illegally at the United States borderthere are two main recommendations to follow according to the ACLU:
- Stay calm when interacting with immigration officers, do not try to flee or provide false documents.
- Never flee from an immigration checkpoint.
In addition to the above, you should know that These are the five rights that you can resort to to avoid major problems with the authorities:
- You have the right to remain silent or to tell the immigration officer that you will only answer questions in the presence of a lawyer.
- You should not answer questions about your immigration status unless you have permission to be in the United States for a specific reason and for a limited period of time.
- A Customs and Border Protection (CBP) agent cannot detain you unless he or she has reasonable suspicion that you are committing a violation of immigration or federal law.
- Related to the previous point, you can only be detained if the person has facts that make it probable that they are committing a violation of immigration law.
- While agents at immigration checkpoints do not need any suspicion to stop you and ask you questions, they should be brief and related to your immigrant status. They also have the right to visually inspect your vehicle.
What to expect if you are stopped at the US border by an immigration officer?
Now that you know your rights, the ACLU also provides a series of scenarios that an illegal immigrant can expect if they are detained at the United States border by an immigration agent.
People who have entered the United States without permission They may be subject to expedited deportations, but they must be given a reason for it. If you fear persecution in your home country, you should report it to the authorities.
Consider that at the border, to carry out a routine check, such as searching your luggage or your vehicle, Federal authorities do not need a warrant or suspicion of a crime.
If an immigration officer asks you to present your documents, everything will depend on your immigration statusIf you do not have them, you can refuse the request, although then you will have to face interrogation.
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