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226 points proberts | 1 comments | | 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.

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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?
replies(2): >>46166459 #>>46166735 #
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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SR2Z ◴[] No.46168660{4}[source]
> If the border agent doesn't want you to come into the country, you are fucked.

You are seriously inconvenienced, but assuming your paperwork is in order, you will be allowed into the US. This isn't just against US law, it's a violation of international law to render a person stateless.

This ignores the real point, which is that while you cannot be refused entry to the United States, you can be arrested at the border. ICE these days has mastered the art of making people's detainment so uncomfortable that even those with a right to be in this country end up deciding to leave.

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globalnode ◴[] No.46168888{5}[source]
yes sure you can come into america, straight into a holding cell until you hand over your pins/passwords or go back home.
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lrvick ◴[] No.46172705{6}[source]
Unlikely, but if that did happen an army of lawyers would be willing to help pro bono for such a constitutionally critical case.

Never comply with such nonsense.

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1. SR2Z ◴[] No.46174021{7}[source]
An army of lawyers will not make the jail cell more comfortable when ICE has decided to make you suffer. The Supreme Court has seen to that.