←back to thread

I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

226 points proberts | 4 comments | 05 Dec 25 16:04 UTC | HN request time: 0s | source

As usual, there are countless immigration topics and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll do the same in my answers!

Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.

Show context
miotintherain ◴[05 Dec 25 16:44 UTC] No.46163747[source]▶
Hi Peter, thanks for the AMA!

I work for an American company and I am based in Europe. I visit the US for work every now and then. I heard a lot of horror stories regarding border entries. If I am ever in a situation where the border police asks for access to my personal phone and pin code, what are my options? Can I refuse and what happens then?

replies(6): >>46164511 #>>46164632 #>>46165193 #>>46165959 #>>46168483 #>>46173015 #
proberts ◴[05 Dec 25 18:26 UTC] No.46165193[source]▶
You are within your rights to say no but if you say no, almost certainly CBP will assume that you are hiding something and deny you admission.
replies(3): >>46165239 #>>46166254 #>>46169694 #
criddell ◴[05 Dec 25 19:39 UTC] No.46166254[source]▶
Can they deny you admission when you are a US citizen?
replies(2): >>46166459 #>>46166735 #
OptionOfT ◴[05 Dec 25 19:57 UTC] No.46166459[source]▶
They can not. Neither US Citizens or Green Card Holders can be denied entry.

Sources: https://www.aclu.org/know-your-rights/what-do-when-encounter...

https://www.aclunc.org/our-work/know-your-rights/know-your-r...

replies(3): >>46166542 #>>46167065 #>>46168450 #
1. testing22321 ◴[05 Dec 25 20:03 UTC] No.46166542{3}[source]▶
A country can not deny entry to its own citizens.

They can immediately arrest you, however.

replies(1): >>46167572 #
2. echoangle ◴[05 Dec 25 21:28 UTC] No.46167572[source]▶
But not for not giving them access to your phone.
replies(2): >>46167956 #>>46170498 #
3. iancmceachern ◴[05 Dec 25 22:01 UTC] No.46167956[source]▶
In America, Europe, etc.
4. ineedasername ◴[06 Dec 25 03:48 UTC] No.46170498[source]▶
What the will arrest you for vs can arrest you for are very different things. Really. This isn’t cynicism, is empirical knowledge. If they want to arrest you, you’re getting arrested. They can arrest you because they can arrest you. This is the strict literal sense of can.