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226 points proberts | 4 comments | | HN request time: 0.725s | 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.

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miotintherain ◴[] 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?

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proberts ◴[] 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.
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criddell ◴[] No.46166254[source]
Can they deny you admission when you are a US citizen?
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OptionOfT ◴[] 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...

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mrguyorama ◴[] No.46168450[source]
They are not legally entitled to deny you entry.

That doesn't mean they can't deny you entry. It means you might win a court case some day.

ICE cannot legally arrest people who are citizens for no reason, and yet they have done exactly that 30% of the time by their own admission.

"Knowing your rights" is meaningless if the public chooses to vote for people who don't care about those rights, and celebrate when you do not get your rights.

It doesn't matter what the paper says, it matters what CBP feels like doing, and what their management lets them get away with. The constitution is just a magic circle we all agree to play in, and isn't real if enough people disregard it.

If the border agent doesn't want you to come into the country, you are fucked. Nobody's job is to get between that agent and you and ensure the border agent follows the law on the paper, and the border agent will not go to jail or even lose their job for completely ignoring the law.

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hn_throwaway_99 ◴[] No.46168691[source]
> ICE cannot legally arrest people who are citizens for no reason, and yet they have done exactly that 30% of the time by their own admission.

Where are you getting that statistic (honest question)?

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mrguyorama ◴[] No.46169258[source]
I overstated, but it's murky.

https://www.dhs.gov/news/2025/12/05/despite-medias-claims-ic...

Why would ICE leave the number as low as "70%" if they could be higher? Every illegal alien is a criminal as far as the law is concerned. Every illegal alien arrested is "charged with a crime". Otherwise ICE is openly stating to its supporters that they arrest illegal aliens and then release them, something their supporters are vocally against, and the administration believes and claims to be a serious problem.

Meanwhile, the Cato Institute a libertarian think tank, claims they have been leaked far worse data https://www.cato.org/blog/5-ice-detainees-have-violent-convi...

A direct reading of ICE's claims (that seem to be contrary to information obtained through FOIA?) is that 70% of the people they arrest are criminals, which by their own definitions, would imply 30% of the people they arrest are not illegally here, but that's reading between the lines and it's hard to lend any credence to anything said by an administration that treats public statements as a fun gaslighting game.

But essentially, if ICE COULD claim everyone they arrest is an illegal alien (and literally a criminal they are legally allowed to arrest and deport), why wouldn't they?

Flag my claim if appropriate.

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1. filleduchaos ◴[] No.46169644[source]
I mean, you didn't just overstate, you flat out just made it up. The opposite of "illegal alien" is not "citizen".
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2. mcny ◴[] No.46172535[source]
Instead of citizens, we would say People who are legally authorized to remain in the United States? Is there a word for that?
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3. filleduchaos ◴[] No.46173656[source]
Technically not a word, but the US government uses "lawfully present individuals" in its policy docs. In addition to US citizens, this covers lawful permanent residents, people with valid non-immigrant visas/visa waivers, some country-specific exceptions (e.g. Canadian citizens visiting for short-term business and pleasure), and various humanitarian categories (refugees, people seeking asylum who have filed the proper paperwork, etc).

In short, an unfortunately very wide field of people for ICE to chew through without touching any citizens (even if one takes the most uncharitable interpretation, i.e. only 70% of arrests have been of unlawfully present individuals)

4. mrguyorama ◴[] No.46211295[source]
I had misremembered the claim as "70% of the people ICE arrests are criminals". The inverse of criminal cannot be someone here illegally.

Doesn't matter. I made a claim without double checking something I should have, or adding nuance or fleshing out my claim. I made a false claim.