Going Through Airport Customs: Your Rights and Restrictions

International travel doesn’t end when your plane lands in the United States. The real test begins at customs, where officers enforce federal law at every port of entry. Many travelers are caught off guard by what they can and cannot bring into the U.S., or by how far questioning and searches may go.

Understanding this process is not only about convenience, but also about avoiding legal consequences. It’s crucial to understand your rights, responsibilities, and how to protect yourself if you’re stopped for closer inspection. For legal help, speak with an experienced immigration lawyer.

US Visa and Entry Requirements

Admission to the U.S. is governed by the Immigration and Nationality Act (INA). Customs and Border Protection (CBP) agents inspect applicants for admission at ports of entry and enforce the INA’s requirements. Travelers must present valid and appropriate travel documents to establish their admissibility.

The U.S. issues several types of visas depending on the type of travel you’ll be doing. Each visa has a time limit in which the traveler is permitted to be in the U.S. Travelers must leave the U.S. before their visas expire. Overstaying or violating their visa terms can result in a travel ban of three to 10 years. Citizens and nationals from some countries can enter the U.S. for tourism or business for up to 90 days or less without a visa under the Visa Waiver Program.

Visa violations, illegal entry, or other grounds of inadmissibility can lead to detention by Immigration and Customs Enforcement (ICE), initiation of removal proceedings before an immigration judge, or expedited removal at the border in certain circumstances. Criminal convictions arising from immigration-related conduct carry additional criminal penalties and longer bans on entry.

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Prohibited and Restricted Items When Entering the US

Several kinds of items may be restricted or fully prohibited for entry into the U.S.:

• Agricultural products. Many agricultural items are prohibited because they may harbor plant pests, animal diseases, invasive species, or soil-borne pathogens. Almost all fresh, frozen, and dried fruits and vegetables are prohibited from entering the U.S. There are some exemptions for dried foods, but they must be declared. Fines for violations may start at $500. For commercial importation, penalties can escalate into the thousands of dollars.
• Prescription medications and controlled substances. Many foreign-purchased medications may be refused, even if a doctor abroad prescribes such substances.
• Firearms, ammunition, and certain weapons. Firearms and ammunition are heavily regulated under federal firearms statutes. Some weapons may be prohibited entirely, while others may require import licenses or permits. Even for lawful firearms, failure to comply with registration, proper import licenses, or declaration may result in seizure and criminal liability.
• Counterfeit goods and intellectual property violations. Travelers are not allowed to bring items that infringe U.S. intellectual property rights, such as counterfeit trademarks or pirated goods. Penalties may be civil or criminal, depending on the severity.
• Currency and monetary instruments exceeding $10,000. There is no prohibition on carrying large sums of money or monetary instruments in or out of the U.S. However, if you transport more than $10,000 (or equivalent) in currency or monetary instruments, you must file FinCEN Form 105 with CBP. Failure to report may result in the seizure of money and civil penalties, as well as possibly lead to criminal charges in egregious cases. The requirement is for combined amounts, such as currency, checks, and money orders.

Agencies That Enforce What You Can Bring Into the US

Several federal agencies place restrictions on the items that travelers can bring into the U.S.:

• U.S. Customs and Border Protection (CBP). Publishes lists of prohibited and restricted items and enforces these rules at U.S. ports of entry, including air, land, and sea travel. CBP operates under the U.S. Department of Homeland Security (DHS).
• Transportation Security Administration (TSA). Provides passenger and luggage screening services at airports. TSA is separate from but works in conjunction with CBP.
• U.S. Department of Agriculture (USDA). Regulates the admissibility of agricultural products, restricting those that carry pests and diseases. These restrictions cover plants, meat, fruit, and seeds.
• Food and Drug Administration (FDA). Regulates cosmetics, medical devices, pharmaceuticals, and food. It prohibits products that have been adulterated, misbranded, are not approved, or deemed unsafe.
• Drug Enforcement Administration (DEA). An enforcement agency governed by the Controlled Substances Act that regulates narcotics and prescription medications.
• Centers for Disease Control and Prevention (CDC). Can place additional restrictions or require quarantine for items that are a risk to public health.

Declaring Goods When Entering the US

Travelers must declare all items purchased or acquired in a foreign country (including Mexico and Canada) that they’re bringing into the U.S. This includes items the traveler acquired for themselves or received as a gift. Prohibited or restricted items may be taken, destroyed, or forfeited. For non-U.S. citizens, failure to declare might result in refusal of entry.

To make a declaration, travelers arriving in the U.S. will fill out CBP Form 6059B. Many U.S. airports now allow travelers to submit customs declarations electronically via kiosks or apps to facilitate the process. The declaration must be made before baggage examination begins.

U.S. residents returning from most countries are entitled to a duty-free exemption of up to $800 on goods they acquired abroad, so long as those items are declared and accompany the traveler. If a traveler has been abroad for less than 48 hours, they may only qualify for a $200 exemption. Travelers returning from U.S. territories may be eligible for a $1,600 exemption.

If the value of goods exceeds your exemption, duties may apply on the amount above the exemption. CBP will assess duty rates based on classification and country of origin. Members of the same household traveling together may combine their exemptions to declare goods as a group. However, the grouped exemption cannot include a family member who is not entitled on their own or certain items held by minors.

Violations for undeclared items include seizure of the item, fines, and, in some cases, criminal liability.

Searches and Questioning by Border Officials: Your Rights and Obligations

CBP officers and other federal agents have the authority to conduct warrantless and suspicionless searches at the border. This includes functional equivalents, such as international airports.

The U.S. Supreme Court has long recognized that searches of persons, luggage, and mail crossing the border are “inherently reasonable” and do not violate the Fourth Amendment of the Constitution. However, the U.S. Supreme Court has not yet directly addressed whether the border search exception fully extends to electronic devices.

CBP may search luggage, carry-on bags, checked baggage, purses, wallets, containers, boxes, sealed packages, and vehicles without a warrant or probable cause. Routine searches of closed containers inside luggage are generally allowed without suspicion. More intrusive searches, such as a strip search or body cavity search, are considered “nonroutine” and require a higher level of reasonable suspicion.

During an inspection, CBP officers may lawfully ask basic questions about an individual’s identity, the purpose of their travel, and the items they are bringing into the U.S. If they deem it necessary, they can ask about prior immigration status, prior overstays, and deportations. Failure to answer these questions can result in a secondary inspection.

Travelers are not required to volunteer extraneous or narrative information beyond what is lawfully requested. U.S. border patrol agents cannot force you to answer questions or provide more detail than the law allows. However, refusal to answer can lead to harsh consequences. You can politely ask whether the questions are required by law, though that question may not exempt you in practice.

Consequences of Refusing To Answer Questions from Border Officials

It is not wise for travelers to refuse to answer questions presented by government officials. A refusal can result in being referred to a more intensive search, questioning, or delays. Border security may deny entry to noncitizens who refuse to answer questions.

If law enforcement officers want to inspect a device, refusal to allow such inspection can lead to device seizure or additional questioning. Refusal can lead to future denial of entry by ICE. Citizens are not exempt from consequences. They must provide answers to establish their identity and citizenship.

The Legal Ramifications of Lying to a Customs Officer

It is never a good idea to be untruthful to CBP or other government officers or officials. Anyone caught falsifying or concealing facts could face criminal penalties.

To trigger penalties, false statements don’t have to be made under oath, and they must be material to the circumstances. This means they would have a direct impact on the officer and have a likelihood of influencing the officer’s decision. However, even a simple response of “no” can be deemed material and constitute a violation.

CBP’s published mitigation guidelines mention penalties for false statements that could total $5,000 per false statement. Violations could also carry a penalty of up to five years’ imprisonment. If the traveler is found guilty of additional connected criminal charges, additional prison time may be added. Travelers may also face the revocation or denial of their visas.

Find Legal Advice

Travelers often underestimate the authority customs officers hold and the responsibility that falls on them at the border. If you are facing a customs or immigration complication, speaking with a knowledgeable attorney can make a critical difference. Use the Super Lawyers directory to connect with an immigration law attorney who can help.