On 10 May 2017, CUNY DSC hosted a team of lawyers from CUNY CLEAR (Creating Law Enforcement Accountability & Responsibility), a project of CUNY Law, to offer a workshop for international students on travel, airports, border patrol. The following are notes from the meeting.

What to take with you when you travel (documentation)

  • Bring the right paperwork!
  • For international students in airports:
    • Passport, I-20
    • Copies of passport & visa
    • Copy of registration for upcoming semester & fellowship info
    • Letter declaring that you are in good standing
    • Printout of itinerary
    • Contact information for someone who you trust with your travel information & can verify your travel details/itinerary.
    • OIS contact, business card, etc.
    • Home address, contact information of landlord/student housing — address verification (i.e. a lease or something)
  • CLEAR advises, when you’re traveling, to make a little packet/folder with all these documents
  • You should have your passport + I-20 with you at all times as an international student
  • Immigration is not playing nice right now – DACA recipient deported because he didn’t have it on him but in his car

Government watch lists/no fly lists

  • National security list/database of people who cannot get on flights – the sign of when you’re on a no-fly list is when they can’t print your boarding pass, and there’s almost nothing you can do about it
    • Being put on the no-fly list is often a clerical error
  • You can ask them directly, “am I on the no-fly list?” – to which they will often not respond
    • When you’re on the no-fly list you might not get a refund — but try
    • Once you’ve deduced that you’re on the no-fly list and that you’re not going to get your money back, don’t ask any more questions, cut your losses and leave
    • Law enforcement is likely already monitoring you and so while you may want to offer more information, don’t!
    • Don’t lie! – and they consider minor inconsistencies lies, so don’t offer any more information than you have to.
    • Giving more information doesn’t mean the interaction will end. The more you give, the more they will want from you.
    • When you start volunteering information they see you as a person for information
  • If you find out you’re on the no-fly list, keep very good notes about who says what, who tries to talk to you, what’s going on, badge numbers, etc.
    • There could be other reasons that your boarding pass won’t print, there’s no way that employee would actually know. It’s on a case by case basis sometimes.
  • There are other lists as well — Selectee Lists
  • Might not bar you from boarding, but you might be pulled aside for secondary, more intense screening
  • In those instances you should still be allowed to get on to your flight.
  • But you can be questioned pretty extensively.
  • Take notes as practically as possible. Stay calm so you can retain information
    • this is important bc if in the future you want to know how/why your rights were infringed, the best way that attorneys can consult with you is if you have as much information as possible regarding the interactions
  • “SSSS”
    • Sometimes you don’t get screened
    • Selectee lists are new, so you have to look very carefully at your boarding pass
    • These secondary screenings can take as much as two hours. Plan accordingly!
    • You should also take as many notes as possible, observe as much as you can, follow up with a lawyer, etc.
  • TRIP complaints – you can write a complaint on the CBP website and this will often change your entire travel history, making it easier 

Search of persons

  • Police and Customs/Border Patrol can search you anywhere in the airport or in the vicinity of the airport (i.e. in your car out front, on the Airtrain
  • You can refuse to be searched, but they might not allow you to board your flight or to enter the airport. When they do search you, you are consenting to the search. It may not feel like consent but you are consenting.
  • Everyone will get searched at the Security checkpoint and it’s also possible at the gate.
  • You can opt out of the Backscanner and they will conduct a manual body pat-down
    • you can request to have the pat-down in private. you can have someone of the same gender as you, and a witness as well.
    • you should keep your luggage in sight during the pat-down
  • If you do go through the Backscanner you can ask your image to be screened by someone of your gender and you can also ask that the image is deleted.
  • They can ask you to take off your hijab, headscarf, etc., but they cannot ask you to take off more clothing than that.
    • If they do ask you to take off more, that constitutes an invasive search and you should contact a lawyer.
  • If an agent asks to search your belongings, you can ask them to search in front of you. Keep it in sight. Don’t volunteer information about what’s in your bag unless they ask you. Don’t let them take any of it out of your sight.
    • Ask for the agent’s full name, badge number, which agency they work for (it may not necessarily be a TSA agent)
    • Are they wearing a uniform or are they plainclothes officers?
    • Record information as soon as you can
  • CBP may ask to search your laptops, electronics, camera, etc. You have the right not to give the password, but it may mean you’re not allowed to board a plane. If you do give a password it is deemed consent and they have a right to search your phone.
    • Since you don’t know what they’re looking for, you should try to maintain your privacy
    • You may be deemed ineligible for entry because they see your phone as analagous to a suitcase
    • They can confiscate your electronics whether or not you give them the password
    • If they take your property, make sure to get a receipt documenting what was taken and also get information about who has taken it (name, badge no., etc.)

Questioning at the border

  • Can be done anywhere in the airport. You can refuse to answer questions but they don’t necessarily have to let you onto a flight or into the country (if you’re returning)
  • There are limitations to what they can ask. They will still ask these questions as if nothing is out of the ordinary, but know that you can say no to this.
    • Volunteering information will dig yourself a hole! Give as little information as you need.
  • They CAN ask:
  • About religious/political beliefs
    • “I am not going to answer any of these questions without an attorney present.” – they will just have to wait for a CLEAR attorney to come.
  • Your name
  • Purpose of visit
  • Who you’re visiting
  • How long do you plan to stay
  • Where you’ve been, where you’re going
  • Basic biographical information (date of birth, age, immigration status)
  • “Are you bringing in prohibited food, fruit, or other items?”
  • What is your occupation
  • What is your address in the United States
  • When did you get your visa/green card; what was your status before that
  • You ALWAYS have to present the documents
  • They CANNOT ask:
  • Even noncitizens have rights
    • Do what you feel comfortable with!
  • You should have an attorney BEFOREHAND to be your representative should you need it in your travels. Feel free to contact CUNY CLEAR for this. And tell a friend, “if you don’t hear from me 1-2 hours after you land, please call this number”
    • Also tell CUNY Office for International Students

Other immigration-related matters

  • Whenever you enter or exit the country your entire immigration file is liable to be reviewed.
  • They review your status every time, even if you have a visa and legal status you can be denied re-entry
    • If you are out of status or your visa expires you should not leave the country, even if it’s an emergency, without consulting an attorney
  • If you’ve been arrested in the past (either in the US or outside) there may be immigration consequences for you.
  • Make sure that your representation will get you an immigration-safe plea
  • Contact an attorney before you travel
  • If you ARE arrested in the future you should tell your criminal defense attorney about your immigration status. They should take your immigration status into account before entering into a plea.
  • CUNY CLEAR can provide counseling, analysis, etc. when it comes to renewing immigration status
  • This information is not meant to scare you, but to empower you! Most of the time nothing will happen, but it’s important that you are prepared for contingencies and worst-case scenarios
  • Before you do travel, therefore, contact CLEAR – they want to be there to support you – and make sure they are aware of your travel plans
  • Travel with confidence! With this information you know what could happen, and CUNY CLEAR is there to support you.

Please contact CUNY CLEAR for more information.