Results 1 to 2 of 2
  1. #1

    Default Crossing The Border

    Hello,

    I am a natural born U.S. citizen with a valid U.S. passport, my common law partner is a naturalized U.S. citizen with a valid U.S. passport. We live in Canada now. Can someone explain why every time we cross the border into the U.S. we are grilled by CBP about whether we have ever been arrested, gone to court, had our fingerprints taken? Why is this relevant? We are U.S. citizens entering our own country. We cannot be denied entry due to prior criminal convictions (there are none of course) like a foreign national could. Can we refuse to answer these questions? Do we have the right to remain silent? This line of questioning seems inappropriate to me once our U.S. citizenship has been established. They should move on to the customs part of the interview (What are you bringing back, etc.) Someone will inevitably claim that prior criminal history could lead to suspicion that you are breaking customs laws, but prior bad acts cannot be considered the basis for reasonable suspicion of a new bad act. Seems like the whole intent is to try to catch you lying, just doesn't seem like a very productive use of their time. Maybe its a policy issue more than a legal one, but I just want to know if I have the right to remain silent when crossing the border once my U.S citizenship has been established? I recognize that probably isn't the most practical course of action, but I guess I am asking more out of curiosity than anything else.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Crossing The Border

    Quote Quoting Rosa19
    View Post
    Can someone explain why every time we cross the border into the U.S. we are grilled by CBP about whether we have ever been arrested, gone to court, had our fingerprints taken?
    Not without access to their computer systems, and they aren't sharing. The most reasonable inference is that there is something in your background, your partner's background, or both that triggers the inquiry. You would know that better than us.
    Quote Quoting Rosa19
    Can we refuse to answer these questions? Do we have the right to remain silent?
    You can do what you like. But keep in mind that a border crossing is unlike any other place in the country, in terms of latitude to perform searches of your person and possessions, or to detain you on minimal grounds.

    1. Sponsored Links
       

Similar Threads

  1. Criminal Law Issues: Canadian Crossing the Border With a Possible Warrant
    By canadianguy in forum Immigration Issues
    Replies: 1
    Last Post: 02-23-2010, 09:01 PM
  2. Criminal Law Issues: Canada Border Crossing with a Felony
    By tiny164 in forum Immigration Issues
    Replies: 1
    Last Post: 07-05-2008, 10:33 AM
  3. Drug Possession: Possession of Ephedrine at a Border Crossing
    By dgmorr in forum Criminal Charges
    Replies: 2
    Last Post: 09-24-2007, 12:50 PM
  4. Removal (Deportation) and Reentry: Asking for a pardon for crossing the border illegally
    By froggie58 in forum Immigration Issues
    Replies: 2
    Last Post: 08-01-2006, 03:24 PM
  5. Retail Fraud / Shoplifting: Crossing the Border After an Arrest
    By No Longer Sticky Fingers in forum Criminal Charges
    Replies: 1
    Last Post: 06-23-2006, 07:27 AM
 
 
Sponsored Links

Legal Help, Information and Resources