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Top Immigration Attorney Breaks Down Your Rights If Detained At Customs

06/02/25
The Law Offices of Spar & Bernstein, P.C.

A TikTok video from immigration lawyer Brad Bernstein about the rights of U.S. citizens and visa holders when stopped by customs at U.S. airports has hit over 8 million views.

The video, covered by NBC News, is provoked by reports from TikTok users claiming they were detained and searched by U.S. customs when entering the country.

Bernstein explains that constitutional rights are limited during customs screenings. The reason is that, under immigration law, travelers haven’t legally entered the U.S. until they clear customs.

This view is backed by the Supreme Court, allowing routine border searches without a warrant or probable cause.

Bernstein also shares that legal protection at the border varies by status, with U.S. citizens having the strongest rights.

Student, work, tourist visa and Green Card holders may not even be allowed to enter the United States.

Although advanced searches are rare, you can take a few precautions to protect your privacy:

  • Pack only the electronics you need for your trip.
  • Log out of all cloud-based services before your trip.
  • Travel with a secondary phone instead of your primary device.
  • If questioned, stay calm and be honest.

In addition, as per the U.S. l laws and highlighted by the American Civil Liberties Union (ACLU), if you are over 18 years old, you are required to carry immigration documents and present them if asked.

About Law Offices of Spar & Bernstein P.C.

Founded in 1958, The Law Offices of Spar & Bernstein, P.C. specialize in immigration and personal injury.

The firm handles all phases of immigration, from permanent residence and green cards to training and investor visas, work visas, corporate immigration, family immigration, violations of immigration law, and deportation defense.

Law Offices of Spar & Bernstein, P.C. also offer legal representation in personal injury cases, including construction and motor vehicle accidents, wrongful death and medical malpractice, premise accidents, product liability, and more.

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