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What are U.S. citizens’ rights when returning from Mexico, including phone searches and detention?

Traveling to Mexico with family. All are United States citizens. I’m still concerned.

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Clay G., Esq.
Clay G., Esq.

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You should have your U.S. passport with you as proof of U.S. citizenship.

As for searching your mobile device, Customs and Border Protection does have the right to search devices at the border or port of entry. However, they cannot force you to enter your password. By contrast, they can force you to use biometric access, such as a fingerprint or Face ID.

Best practice is to disable Face ID, Touch ID, and similar features, and secure your device with a password only.

If you want to take extra precautions, traveling with a different phone cannot hurt.

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Traveling to Mexico with family. All are United States citizens. I’m still concerned.

Lexi

Lexi, Chatbot

I understand your concern about traveling to Mexico with your family. Are you worried about any specific issues or legal matters related to your trip?

I’m concerned about the Trump regime detaining us and searching our telephones.

Lexi

Lexi, Chatbot

Have you encountered any difficulties or obstacles in planning your trip to Mexico that you would like the Lawyer to address?

I’ve had no concerns planning the trip. My concern is returning from Mexico to the United States. I’m concerned about unlawful detaining by people posing as federal agents.

Lexi

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with unlawful detaining concerns.

My adult children and I do not partake in illegal activities, drugs, or contraband. My adult children have an Armenian last name. They were born in the United States; their mother is from the United States, and their father is Armenian from Armenia. We have been divorced for 27 years. I do not trust the current administration to protect our civil rights and travel rights. Please make sure the attorney specializes in civil rights and constitutional law.

Clay G., Esq.

Clay G., Esq.

Hello! I am Clay H. Greenberg, an immigration attorney with several years’ experience, and I will be assisting you with your question today.

Please give me a moment to review your question. Some answers may take a bit of time to prepare, so if you do not hear from me immediately, rest assured that I have not forgotten about you. Feel free to reach out if you have not heard back from me in 15 minutes.

How are you today? I understand you are concerned about being detained by U.S. Customs and Border Protection upon your return to the U.S. Is that correct?

I think everyone is concerned about being detained by border protection, many posing as federal agents when in fact they are bounty hunters.

Clay G., Esq.

Clay G., Esq.

No problem. I completely understand your anxiety.

You said you have several years’ experience. I need to know that you are a true civil rights attorney and not in support of MAGA. I don’t mean to sound political, but this is a political world now, and I do not want to work with anyone who supports MAGA.

Clay G., Esq.

Clay G., Esq.

I can assure you I am not a supporter of MAGA. That said, I’m not able to provide legal representation for you, but I can answer any general legal questions you have about this issue. What question can I answer for you?

Esquire Greenberg, please advise me before we move ahead if you are in support of the current administration’s horrific policies. Are you a Trump supporter? I am not intending to offend you, but I do not want to do business with or get advice from anyone who supports the current administration’s policies.

Clay G., Esq.

Clay G., Esq.

I am not. However, as I said earlier, I’m not able to provide legal representation or formal legal advice here. I can only answer general legal questions. What question can I answer for you?

Situation: We are attending the celebration of the marriage of a gay couple in Cancun, Mexico—very good friends. I am a vocal opponent of the Trump administration on social media and in public. I have attended and participated in peaceful protests. I am concerned about people disappearing and invasions of privacy at airports and ports of entry.

I want to know our rights as U.S. citizens. Should I be carrying additional documents? What about our mobile devices?

We all hold U.S. passports. My son has TSA Pre-Check. I do not, but I could probably arrange that for myself and my adult daughter.

My legal questions:

  • Do I need to carry additional documents?
  • Should I wipe my phone or carry a travel phone?
  • If asked for access to my mobile devices, what are my rights in refusing?
  • Is this chat protected, or can the government or administration access it?
Clay G., Esq.

Clay G., Esq.

You should have your U.S. passport with you as proof of U.S. citizenship.

As for searching your mobile device, Customs and Border Protection does have the right to search devices at the border or port of entry. However, they cannot force you to enter your password. By contrast, they can force you to use biometric access, such as a fingerprint or Face ID.

Best practice is to disable Face ID, Touch ID, and similar features, and secure your device with a password only.

If you want to take extra precautions, traveling with a different phone cannot hurt.

This is very good information.

Clay G., Esq.

Clay G., Esq.

Detaining a U.S. citizen because of political activities is strictly illegal. While I understand your anxiety given the current political climate, I don’t believe we are at that point yet.

If I am forced, or if my children are forced, to provide passwords, what are our rights?

Clay G., Esq.

Clay G., Esq.

You can refuse to do so under the Fifth Amendment to the U.S. Constitution.

Doesn’t the Fifth Amendment infer guilt?

Clay G., Esq.

Clay G., Esq.

No. Guilt may not be inferred in court from someone’s invocation of their Fifth Amendment right against self-incrimination.

Thank you for that clarification. What if they separate all of us for “questioning”? What exact phrase should we say to anyone posing as a federal agent or border patrol?

Clay G., Esq.

Clay G., Esq.

Since we are not allowed to provide legal advice here and can only answer general legal questions, I’m not able to tell you exactly what to say to CBP.

That is very helpful. Thank you for not being a MAGA supporter. Too many law firms are capitulating right now. We need more attorneys who stand against autocracy, kleptocracy, racism, and fascism. Can you tell me how to download a copy of this chat?

Clay G., Esq.

Clay G., Esq.

I’m not sure whether you can download a copy of this chat. You may want to copy and paste it into a separate document.

Thank you for upholding our rights. When it gets tough, remember why you chose civil rights over corporate law.

Clay G., Esq.

Clay G., Esq.

You’re welcome. I hope my answer has been helpful. Do you have any other questions?

I am comfortable with this conversation and with cleaning information from it that could be helpful in our journey. Thank you—we can now end the chat.

Clay G., Esq.

Clay G., Esq.

You’re very welcome. Good luck. It was my pleasure to assist you. Have a great day!

Clay G., Esq.

Clay G., Esq.

4,961 satisfied customers

Clay G., Esq.
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