According to reports published by the United States Customs and Border Protection (CBP) agency, the annual rate of foreigners arriving at the 10 busiest airports dropped by 20 percent in April 2025. Many factors contributed to this sharp decline, mainly valid concerns among travelers about being harassed, detained, and perhaps removed by CBP agents or law enforcement officers.
Under the current presidential administration, many foreign travelers have endured CBP ordeals at U.S. airports, including tourists and students from Canada, France, Germany, Sweden, and the United Kingdom. In some cases, foreigners approved for the Visa Waiver Program through the Electronic System for Travel Authorization (ESTA) have spent days and weeks at immigration detention facilities before being released. For this reason, the foreign ministries of those countries have issued advisories and warnings about the U.S. being a risky travel destination.
What to Expect at U.S. International Airports
Various law enforcement agencies operate at American airports. Beyond CBP personnel, you may encounter agents from Immigration and Customs Enforcement (ICE) or Homeland Security Investigations (HSI). All travelers will interact with CBP personnel for passport control and inspections. ICE and HSI agents may approach you if you’ve already submitted paperwork to U.S. Citizenship and Immigration Services (USCIS).
Everyone entering the U.S. through international airports is subject to search, inspection, and interrogation procedures. CBP, HSI, and ICE personnel have broad authority at ports of entry, so their searches may extend to electronic devices such as laptops, tablets, and smartphones. It’s important to note they can only review data stored on devices, so you must unlock them. However, they cannot access information that requires an online password. They’re authorized to ask questions, review documents, run your identity through law enforcement databases, and search your luggage and belongings.
Your Constitutional Rights at the Airport
Despite specific exceptions to the Fourth Amendment in terms of search and seizure, all travelers are covered by the Constitution at U.S. ports of entry. The First, Fifth, and Fourteenth Amendments apply at the airport, so you shouldn’t be selected for a secondary search or enhanced questioning based on ethnicity, gender, national origin, or religion. These fundamental rights aren’t limited to Americans. They were enshrined to protect all individuals in U.S. sovereign jurisdictions.
There’s a broader scope of CBP searches and investigations by HSI or ICE agents that applies to non-immigrants. For example, if you hold a tourist or business visa, you may be asked questions about your religious and political beliefs. You don’t have to answer, but this may cause grounds for inadmissibility because your reservations may be interpreted as a refusal to cooperate. If you’ve established conditional or permanent residency, you don’t have to answer questions beyond identity and immigration status.
Unfortunately, being detained at the airport by CBP agents will preclude you from contacting a lawyer on the spot. Let’s say you’re detained at the San Diego International Airport. In this situation, you would have to wait until you’re processed at the Otay Mesa Detention Center. The exception to this procedure is when you’re being questioned by ICE or HSI agents about something beyond your right to enter the U.S. In this case, you can exercise your right to remain silent and ask to have a San Diego immigration attorney present during the interrogation.
If a law firm is handling your visa or immigration process, have their contact information readily available when you arrive at the airport. Your family, friends, or associates can contact your attorney on your behalf should you be detained, so make sure to give them your itinerary.
Navigating U.S. immigration laws can be challenging, especially in these uncertain times. At KS Visa Law, our experienced immigration attorneys are here to help you maintain your legal status and safeguard your future. Whether they need assistance with organizing documentation, renewing visas, or addressing concerns about interacting with law enforcement or U.S. Citizenship and Immigration Services, San Diego residents and visitors can rely on us to provide personalized and reliable support. Contact KS Visa Law today to schedule a consultation and get the guidance you deserve.
