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Crossing the line: Know your rights coming back into the US

President Donald Trump campaigned on mass deportations of undocumented immigrants. So far, he hasn’t been successful. However, it’s not for lack of trying.

There’s been several high profile instances where Immigration and Customs Enforcement have detained longtime U.S. residents, who were not naturalized citizens.

Some have been deported — often without due process. Many students — including four at Wayne State University — have had their visas revoked with no warning.

But what about U.S. Citizens?

Recently, attorney Amir Makled, was detained at Detroit Metro Airport for two hours after returning from a trip from the Dominican Republic with his family.

He’s representing a pro-Palestinian protester who has been charged by Attorney General Dana Nessel and thinks that’s the reason why he was flagged by U.S. Customs.

So what should you do if stopped at the border or coming back from a flight abroad?

Phil Mayor, a senior staff attorney at the American Civil Liberties Union of Michigan, says it’s important for people to be vigilant, but also stay calm.

If you are a U.S. citizen, you have to be admitted back into the country. Still, Mayor says, “the border patrol asserts the authority to search the phones and devices of anybody crossing the border, but how you might choose to react to that will depend in part upon your citizenship status.”

That means non-residents might be denied entry to the U.S. if they don’t consent to letting their phone be searched.

If you’re a citizen and you do not consent to a search of your phone or laptop, Customs and Border Protection can take it.

“If you refuse, it’s possible that the Border Patrol will seize the device, in which case you should insist on a receipt and the Border Patrol is supposed to return it within five days, unless there’s exceptional circumstances,” Mayor said.

If you’re like Makled and are an attorney, Mayor says you should tell CBP.

“If you have decided to consent to a search, or if your device has been seized and you have legally privileged material, such as attorney client or attorney work product material, you should inform Border Patrol that there is privileged material on your device,” he said.

Mayor recommends using a travel-only smartphone when traveling overseas to potentially eliminate the hassle.

It should be noted that checking electronic devices at U.S. Ports of Entry is not new. In 2023 — during the Joe Biden Administration — CBP checked the phones and laptops of over 41,000 travelers — nearly five times the amount in 2015.

However, with the Trump administration’s stated goal of removing immigrants from this country, Mayor says it’s important for citizens to stay vigilant.

“Many of this administration’s tactics are designed to scare and divide us, and it’s wise to take protections, to protect privacy, but also not to be cowed by those who want to create a police state through our fear and acquiescence.”

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The post Crossing the line: Know your rights coming back into the US appeared first on WDET 101.9 FM.

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