Officers may not conduct additional screening based solely on your race, national origin, religion, gender, ethnicity, or political beliefs. A strip search at the border is not a routine search. You may opt your children out of an airport scan. However, there is no exemption for children from the pat-down search. Children under 13 years old may leave their shoes, light jackets, and headwear on during screening. Mothers flying with and without children are permitted to bring breast milk and formula and ice packs or other accessories required to cool the breast milk or formula in quantities greater than three ounces, as long as you notify the officers about the items at the security checkpoint.
When carrying breast milk or formula through the checkpoint, they will be inspected. TSA officials may test the liquids for explosives. TSA officials may ask you to open the containers during the screening process.
Breast milk and formula, along with other liquids and gels, may also be packed in your luggage and checked with your airline. If I am on an airplane, can an airline employee interrogate me or ask me to get off the plane? An airline pilot may refuse to fly a passenger if he or she reasonably believes, based on observation, that the passenger is a threat to flight safety.
A pilot may not, however, question you or refuse to allow you on a flight because of biased stereotypes, including any based on your religion, race, national origin, gender, ethnicity, or political beliefs. If you believe you are mistakenly on a list, you should contact the TSA and file an inquiry using the Traveler Redress Inquiry Process. More information is available here. If you think there may be some legitimate reason for why you have been placed on a list, you should seek the advice of an attorney.
Facebook Twitter Reddit Email Print. Related information: I. Questioning II. Stops and Arrests III. Searches and Warrants IV. Additional Information for Non-Citizens V. Referral Contact Information What types of law enforcement officers could I encounter at the airport and at the border? Can law enforcement officers ask questions about my immigration status? Do I have to provide my fingerprints? Unlike previous pat downs, the new procedures implemented by TSA are more thorough.
The purpose of the pat-down is to search primarily for bombs and other chemical agents. Therefore, the pat down search will inevitably mean more physical contact between the security personnel and passengers. Generally speaking, a passenger may not refuse the pat down search. The only portion of the airport screening measures that can be refused is the scanning process.
Again, if you refuse the scanning process, a passenger will be required to be screened by a pat down. Refusal of the pat down process will be taken very seriously, as the airline authorities are very strict about the new policies. If a passenger refuses both the scan and the pat down, the possible consequence will likely be ejection from the airport. These new airport security pat down procedures have raised several privacy and profiling concerns. If you feel that any of the above requirements have been violated or an inappropriate pat down search occurred, you should contact a civil liberties or government lawyer immediately.
A lawyer will be able to help you prepare your case and determine what claims you have and what remedies would be appropriate for your situation. Matthew Izzi. He later went on to receive his J. As a member of our Writing Team, Matthew covered a lot of topics dealing with criminal, personal injury, and family law. To learn more about Matthew and his accomplishments, check out his Linkedin page.
Jose Rivera. Law Library Disclaimer. Can't find your category? Click here. Choose a Legal Category: Family Law. Real Estate and Property Law. If customs officers persist in asking you such questions, you can request to see a supervisor. If you are a non-citizen visa holder or visitor, you may decline to answer general questions about your religious beliefs and political opinions, but doing so may lead to delay or additional questioning, or possibly denial of your entry into the country.
All visitors and lawful permanent residents are fingerprinted on entry into the United States from abroad. Your legal status in the country may inform what you decide to do if you are selected for longer questioning when entering the United States.
The same is true for lawful permanent residents: you generally cannot be denied entry to the United States, but declining to answer questions may result in delay or further inspection. Refusal by non-citizen visa holders and visitors to answer questions may result in denial of entry. This goes for citizens, lawful permanent residents, or non-citizen visa holders and visitors.
Although CBP takes the position that you are not entitled to an attorney during primary and secondary inspection, we encourage you to have the telephone number of an attorney or legal services organization with you and ask to contact them if you feel your rights are being violated or if you have been detained for an unusually long period.
For anyone attempting to enter the United States, if a customs officer or border agent informs you that you are under arrest, or if it becomes clear that he or she suspects you have committed a crime, you should ask to speak to a lawyer before answering any further questions — and if you wish to exercise your right to remain silent, you should say so out loud.
Customs officers have sometimes asked travelers to provide their laptop passwords or unlock their mobile phones when they are entering or leaving the United States. The same should be true for those who have previously been admitted to the U. Visa holders and tourists from visa waiver countries, however, run the risk of being denied entry if they refuse to provide a password, and they should consider that risk before deciding how to proceed.
A strip search at the border is not a routine search. Most TSA officers are not commissioned law enforcement officers, and their role is to conduct screening of passengers, baggage and cargo. TSA screeners can search you and your baggage at screening checkpoints, but they cannot arrest you. Other law enforcement officers, such as airport police, are present at airports. Even if the initial screening of your bags by TSA reveals nothing suspicious, the screeners have the authority to conduct a further search of you or your bags.
Screeners may not select you for a personal search or secondary inspection based on your religion, race, national origin, gender, ethnicity, or political beliefs. You have the right to wear your religious head covering. You should assert your right to wear your religious head covering if asked to remove it before going through airport security screening.
If an alarm goes off, however, airport security officers may request additional screening. They may then conduct a pat-down of your religious head covering or ask you to remove it. You have the right to request that the pat-down or removal be conducted by a person of your gender and that it occurs in a private area. If you do not want the TSA officer to touch your religious head covering, you must refuse and say that you would prefer to pat down your own religious head covering.
You will then be taken aside, and a TSA officer will supervise you as you pat down your religious head covering. After the pat-down, the TSA officer may rub your hands with a small cotton cloth and place it in a machine to test for chemical residue.
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