What are my rights at the U.S. border?

Your rights at the border, or port of entry, vary based on your legal status. But all travelers, including U.S. citizens, are subject to inspection by Customs and Border Protection (CBP) when returning from a trip abroad. CBP looks at people and the things they are carrying. Similar to European countries, travelers are subject to 1) passport control and 2) customs control.  These two separate processes are carried out by the same Department of Homeland Security (DHS) entity, CBP.

"Passport control"

At a U.S. port of entry, be it an international airport or land border such as the one Vermont shares with Canada, CBP determines who can enter the United States. Only U.S. citizens cannot be refused entry, although they can be subject to questioning, including secondary questioning, and searches. It can surprise citizens to learn that CBP has broader authority at the border than police have in the U.S. interior. But under the "border search doctrine", CBP officers may conduct "reasonable" searches at the border, including at international airports. However, U.S. citizens cannot be denied entry to the U.S., even for refusing to answer questions about their political views, religious beliefs, or for refusing to give passwords or unlock devices like cell phones or laptops. Refusal to unlock devices can lead to confiscation, but cannot bar entry. 

Legal permanent residents (also known as LPRs "green card" holders), unlike U.S. citizens, do not have an automatic right to entry. In some situations, CBP considers LPRs to be "seeking admission", such as after absences of more than 180 days, convictions of certain crimes, or the discovery of illegal activity outside of the U.S. If these circumstances apply to you, we recommend consulting an immigration attorney before attempting to re-enter the U.S. Recent reports of LPRs being pressured to abandon their green cards at ports of entry are growing. Abandonment of LPR status is done via USCIS Form I-407, and relinquishes a green card. We recommend reaching out to an immigration attorney before taking this step.

Visa holders have no absolute "right" to enter the U.S., even if attempting to re-enter on a multiple-entry visa. As consular officers are often told, a visa gives the holder permission to ask for entry, but entry is determined by DHS (specifically, CBP).  Visa holders may be denied entry for refusal to answer questions, but cannot be singled out for questioning based on religion, race, national origin, gender, ethnicity, or political beliefs. If you are refused entry and fear persecution or torture upon return to your home country, you should assert that fear and ask for asylum, rather than agreeing to withdrawing your request to enter. 

U.S. Customs

When entering the U.S. at an airport, you can expect to be asked to fill out a customs declaration, known as Form 6059B.  At a land border like the one Vermont travelers may be asked about purchases they made while outside the U.S., and whether they are bringing agricultural or wildlife products in with them. A single orange can cause a world of trouble if it isn't declared. Declaring all agricultural products you are bringing into the U.S. will avoid penalties, though of course some foods may be confiscated. But a failure to declare even a single mandarin can be costly (and yes, I have mentioned the citrus issue twice. I speak from experience here). Failure to declare food products can bring up to $10,000 in fines and penalties. A look at the list of prohibited and restricted items on CBP's website may help avoid a loss. Prohibited and Restricted Items | U.S. Customs and Border Protection