Dark Mode
Travelers re-entering the United States are increasingly turning to social media for guidance on their rights during Customs and Border Protection (CBP) inspections. A viral TikTok from New York-based immigration attorney Brad Bernstein, with over 8 million views, has sparked nationwide conversations about what U.S. citizens and visa holders can expect when stopped by CBP agents at international airports.
According to Bernstein, many travelers mistakenly assume full constitutional protections apply immediately upon landing on U.S. soil. However, under immigration law, you are not legally considered to have “entered” the U.S. until you’ve cleared immigration and customs. As a result, Fourth Amendment protections against search and seizure do not fully apply in this context.
Bernstein, alongside NBC News legal analyst Danny Cevallos, emphasizes the Supreme Court’s stance: routine border searches do not require a warrant or even reasonable suspicion because of the government’s sovereignty over national security at the border.
Citizenship Status Matters
Your rights during a CBP stop depend heavily on your immigration status:
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U.S. citizens cannot be denied entry or have their passports confiscated.
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Green card holders and visa holders enjoy fewer protections and are more susceptible to extended scrutiny.
Still, Bernstein stresses that even citizens should stay calm, comply respectfully, and avoid unnecessary resistance, as being confrontational may lead to prolonged questioning.
What You Can Do to Prepare
Immigration experts offer the following proactive steps:
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Limit electronics to only what is necessary.
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Log out of cloud-based services.
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Consider carrying a backup phone while abroad.
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Always tell the truth—resistance or lies can escalate the situation.
While advanced CBP searches remain statistically rare, viral stories like that of TikTok creator Savanna and Twitch streamer Hasan Piker—who shared their experiences of extended detentions and political questioning—are drawing attention to the subjective nature of border inspections.
DHS has denied claims of politically motivated targeting, but many still question the transparency and consistency of these practices.
If You’re Detained: Stay Informed and Get Legal Support
At Spar & Bernstein, we understand that facing CBP officials can be an overwhelming experience, particularly for immigrants or dual nationals. Our seasoned attorneys are here to ensure:
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Your rights are protected.
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Your documents are in compliance.
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You have a plan in place before your next trip.
Whether you’re a U.S. citizen returning from vacation or a green card holder navigating complex visa renewals, Spar & Bernstein offers proactive legal strategies and responsive advocacy if you’re ever detained or questioned at the airport.