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226 points proberts | 1 comments | | HN request time: 0.195s | 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. hn_throwaway_99 ◴[] No.46175144[source]
I'm glad I asked the question, and I thank you for responding, but come on, don't you think it's not just a stretch but just flat out false to go from Homeland Security's quote of "Despite FALSE claims by sanctuary politicians and the media, 70% of ICE arrests are of illegal aliens who have been charged or convicted of a crime in the U.S." to "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." Like it's hard for me to even imply good faith if that's the stretch you made.

As the other commenter wrote, ICE is saying that 70% of arrests have a criminal conviction, implying something other than just being in the country illegally. First, many illegal aliens (e.g. those who overstay their visas) have not committed any criminal offense - overstaying a visa is a civil charge.

Yes, I do admit there is wiggle room for ICE to make it sound like all the people they are arresting are rapists and murderers (crossing the border illegally is itself a criminal offense), and as you point out, the Cato institute and many others have pointed out that high percentages of those deported don't have other criminal convictions. And given how much wide reporting there's been about how the administration is dissatisfied with the pace of deportations, it's clear there is pressure and incentive for ICE to deport as many people as possible.

So you can make all those valid arguments. Falsely stating (i.e. "making up" or "lying") that 30% of ICE arrests are citizens with no convictions doesn't help your point.