Know Your Rights: Airport Travel

Disclaimer: This “Know-Your-Rights Guide” is meant to provide a high-level overview for informational purposes only and is not meant to provide legal advice.

I just landed in the United States, what happens next?

After you exit the plane, you will be directed to the immigration document inspection area. All people entering the United States, regardless of their appearance, gender identity, immigration or citizenship status, must have their documents inspected. You will be directed to a booth where a Customs and Border Patrol (CBP) officer will ask for your passport and your visa.

The CBP officer will ask you several questions, often including:

• What brings you to the United States?
  • OR: Are you traveling to the United States for business or for pleasure?
•  Where are you staying while you’re here?
• Do you plan to travel anywhere else while you’re here?
• I see you have traveled to [COUNTRY LISTED IN YOUR PASSPORT]. Why did you
  go there?
• How long do you plan on staying in the United States?
• Who are you visiting while you are here?

When answering these questions, follow these simple guidelines:

• Do not lie. Tell the truth and answer the questions honestly.
• A reminder that the United States is a highly technological society and that they have a record of all the information you have submitted any time you have entered the US in the past.
• If you do not understand the question or need an interpreter, let the officer know.
• Do not answer any question unless you fully understand it. If you do not understand a
  question, ask for further explanation.

If the officer determines that they need additional information, you will be taken to an area for further questioning – referred to by CBP officers as a “secondary inspection.”

What is secondary inspection?

If you are asked to follow an officer for a “secondary inspection,” you will be taken to an area where you will be asked additional questions by CBP officers. Note that you will not be allowed to use your phones or other electronic devices during this time. In fact, your devices may be taken from you by CBP.

When answering questions during a “secondary inspection,” remember these guidelines:

• Do not lie. Answer questions honestly. Lying to a federal officer is a serious crime and
  can lead to fines, jail time, and deportation from the United States.
• You have a right to an interpreter, if you need one, ask the officer and make sure you tell the officer the language you speak.
• Review all documents you are asked to sign and make sure they are in a language you understand.
• Do not sign any documents if you do not agree to the content or you do not understand the content.
• Always tell the truth!
  • CBP officers may try to get you to say things that are not true by lying to you or telling you that they have evidence.
  • CBP officers are allowed to lie to you.
  • It is important to tell the truth, even if they are trying to lead you to say something else.
  • CBP officers have given false information to travelers about their rights or even the content of the documents the officers provided.
• If you do not want to answer a question, do not say that you do not know the answer. Instead, you can say “I prefer not to answer,” or “no comment.”

Is CBP allowed to search my luggage, bags, and electronic devices?

Yes. If you are taken to “secondary inspection,” CBP officers may search your belongings including your cell phone and other electronics devices. You do not have a right to privacy to protect your devices.

• If you do not want CBP to have access to information held on your phone or other electronics, turn off your phone and make sure there is a passcode in place.
• Note that CBP officers may have a way to crack your codes for your electronics without your help and search through them so be aware of what information is on your devices.
• CBP may be able to access all your apps, messages and accounts once they get into your phone/tablet/laptop.
• Some people who are especially concerned about any content on their phone or other devices, have removed applications (e.g., Signal, WhatsApp) from their phone before entering the United States.

Can I make a phone call to my attorney during secondary inspection?

You can request to make a phone call to speak to your attorney while you are in secondary inspection however CBP is not required to grant the request. If you have letter from your attorney or other documentation confirming you are represented by an attorney, it may be helpful to show that documentation to the CBP officer. If the officer will not let you contact your attorney, you can request to speak with a supervisor and make the request to the supervisor.

Can I call a family member or friend while I am in secondary inspection?

You can make a request to make a phone call to a family member or friend while you are in secondary inspection. However, the CBP officer is not required to grant the request and may refuse.

How long will I be in secondary inspection?

It depends. You could be held in secondary inspection for a short time or for many hours.

What if I am told I’m being arrested or if they tell me they suspect I’ve committed a crime?

Request to call your attorney again. If you are arrested or the officer has made it clear they suspect that you have committed a crime during your secondary inspection questioning, request to speak with your attorney. If a prior request to call your attorney was denied and you are arrested or accused of a crime, request to speak with your attorney again.

What do I do if I am told that I have been found to be inadmissible to enter the United States or if an officer has told me I am going to be placed on a plane home and I am not allowed to enter the United States?

If you are told that you are “inadmissible,” an officer may offer you a chance to withdraw your request for admission into the United States. While we cannot recommend a specific course of action, note withdrawing your request for admission, will mean you will not be subject to a 5-year bar to entering the United States in the future. If you do not withdraw your request, you may be barred from the United States – including flying through the United States on your way to another destination - for the next 5 years. 

If the officer does not offer you the chance to withdraw your request for admission into the United States, you can ask for it by saying to the officer:

“I would like to withdraw my request for admission into the United States.”

If the officer does not let you withdraw your request for admission into the United States, CBP will put you through the process of “expedited removal.” People are placed in expedited removal for many reasons including having been found to engage in illegal activity or committing fraud. Regardless of the reason for your “expedited removal,” you will be deemed inadmissible and returned to your home country.

I am transgender and/or intersex, how will the new policy for transgender and/or intersex people impact me?

A new policy on transgender and intersex people traveling to the United States was released by the U.S. State Department in February 2025. The policy states that a person’s sex that is listed on their visa and passport must match their sex assigned at birth. If a visa officer or CBP officer is unsure of a person’s sex assigned a birth, the officer can request to see a person’s birth certificate to confirm.

The state department provided three examples of when they anticipate this issue arising:

1. If an applicant was previously issued a visa listing a sex marker different from that in the
   applicant’s current passport;
2. If an officer becomes aware (through other records) that an applicant's passport denotes a
   different sex from the sex presented in other records or encounters; or,
3. When an applicant’s passport lists a third-gender marker, such as “X” or no such marker
   at all.

Will there be any questions asked about my gender?

At this point, we do not know if any questions will be asked a person’s gender. However, it is possible a CBP office will ask you if you:

“Have you ever identified as a gender different than your sex assigned at birth?”

What will happen if my visa has a different gender then my passport or CBP thinks I am transgender?

Unclear. At this point, it is unclear what will happen if your documents match your gender but CBP officers believe you are transgender. Possibilities include being taken into secondary inspection, being asked for a copy of your birth certificate, and having a new visa issued to you with the sex reflecting your sex assigned a birth. It is also possible that a person will be sent back to their home country if their visa does not match the sex assigned at birth on the birth certificate or if CBP suspects a person is transgender.

What should I do if I am not allowed to enter/denied access/removed from the United States?

If you are denied entry into the United States, you will be put on a plane to return to your home country. Things to remember:

• Request a copy of every document you have signed.
• Ask the CBP officer to return your electronic devices. If they refuse, ask the CBP officer to notify the staff on your return flight to return your electronic devices to you.
• Once on the plane, document everything you can remember about the meeting, including the questions that were asked, your answers, questions that you asked, CBP’s answers, and any names of any of the officials you can remember.

Who can I contact if I want to share my experience with CBP at the airport?

Please contact Transgender Law Center. We are trying to gather more information about people’s experience so we can provide better information and update this resource. Please email [email protected] or submit an inquiry to our helpdesk at https://transgenderlawcenter.org/get-help/.