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...all because I politely exercise my fifth amendment rights. What specifically does this mean in the context of a border crossing? It's not like you're under
by theorique 13y ago
...all because I politely exercise my fifth amendment rights.
What specifically does this mean in the context of a border crossing? It's not like you're under arrest there.
Do you mean that you tell the USCIS official that you aren't going to say anything about where you traveled or why? Or where you live and work in the country?
Some examples of what you say to them would help us understand better what is going on in your interactions with the border agents.
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Edit: Just saw this: They were clearly just fucking with someone who had the nerve to tell them that his travel plans inside and outside of the US were and are "none of their business".
It's somewhat less surprising that you stand out in a negative way when you tell the border agent who's asking about your travel plans that those plans are "none of their business".
- sneak 13y agoI've only done that once. The longest detentions have been when I reply with "Respectfully, you have my passport and know my identity and citizenship, and I decline to participate in any further questioning." Also, they asked a voluntary-response nosy question. Responding with "none of your business" is valid and professional. Stand out, sure, but whether it's "in a negative way" is open to interpretation. Please don't blame the victim for standing up for their rights.
- theorique 13y agoI agree that there's no excuse for disrespect or unprofessionalism on the part of the USCIS agents. And I suppose there may be no legal requirement for a person to disclose any information beyond "I'm a US Citizen returning to my home country". (I don't know this - I'm just assuming this, based on what you've said.) Ultimately, of course, if you're a citizen, it's my understanding they have to let you back in. However, they also have broad discretion over investigating "suspicious" situations. Unfortunately, not wanting to say "anything" about your situation (why you were out of the country, where you went, etc) may stand out as "suspicious" to an agent who's accustomed to idle conversation about people's reasons for travel.
- sneak 13y agoIndeed it raises suspicion, because it's anomalous. That's fine. Anything anomalous deserves additional attention. The problem is, the search is simply an invasive powertrip—and not thorough. It's as if they're searching me just to let me know they can. They asked me "what've you got in HERE?" bunches of times while going through the various zippered pockets of my bags, but missed several. It wasn't a very good search. Then, there's the threats of holding me in a cell for 72 hours, the threats of prosecution, the yelling, the physical intimidation, the verbal abuse ("you're only causing this trouble for yourself"), the massive delays (they sent the bus without me, stranding me several hours from the nearest airport). It's a fundamental disrespect that stems from their contempt for my unwillingness to follow their orders. They honestly wouldn't even tell me what city I was standing in, and kicked me out of the building onto a highway in a snowstorm in February in northern Vermont. I had no cell service and had to hitchhike to avoid getting frostbite. I'm not complaining about receiving additional scrutiny, though I do personally believe that the 4th amendment protections should be intact even at the border. I'm complaining about straight up harassment and abuse.