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Marilyn Orbach-Rosenberg
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Immigration Border Arrest Attorney in New York City and Queens

There are many different reasons why you may be arrested at the border. Regardless of the reason, you have rights, including the right to know the charges against you and defend yourself. Orbach-Rosenberg Law provides sound advice and capable representation to people who have been arrested or detained at the border.

Customs and Border Protection (CBP) and U.S. Border Patrol Maintain Border Security

Charged with keeping the nation’s borders secure and enforcing U.S. immigration and drug laws, Customs and Border Protection (CBP) is the single largest law enforcement organization in the country. A typical day at the border involves over 1,000 apprehensions or arrests, which may involve drugs, weapons, illegal goods, agricultural pests, or disease. In addition, CBP is out to apprehend any individuals who attempt to enter the U.S. illegally, whether by evading the official ports of entry, providing falsified documentation, or other illegal means.

While United States Customs and Immigration Service (USCIS) is the administrative arm of the Department of Homeland Security (DHS), CBP, along with Immigration and Customs Enforcement (ICE), are responsible for immigration enforcement and border security. And whereas ICE is the principal investigative arm of DHS, CBP regulates the physical entrance of persons into the U.S. A CBP officer screens all foreign visitors and returning American citizens, as well as imported cargo, at all ports of entry, including more than 300 land, sea and air ports and all crossing points along the 7,000 miles of border between the U.S. and Mexico and Canada. CBP lets in 300 million people every year, while at the same time keeping dangerous persons out and making sure only legitimate goods enter the country with the proper duties and fees paid.

Since the breakup of the Immigration and Naturalization service (INS) into USCIS, ICE and CBP in 2003, the main focus of CBP has been to prevent terrorism. You can be arrested at the border if it is believed you present a terrorist threat. However, there are many other reasons you could be arrested as well. For instance, having a criminal record or being suspected of anything from smuggling narcotics to intellectual property theft could be grounds for arrest. You may also be arrested under suspicion of smuggling other goods, or for bringing agricultural pests into the country.

Does CBP need a warrant to search me?

No. While search warrants are required by the U.S. Constitution in many contexts, the fundamental requirement is that all searches must be reasonable, and it has been established that searches at the border are by definition reasonable without requiring any individualized suspicion or other evidence that the person may be engaged in illegal activity. CBP may conduct a search of your person and your personal effects, including your computer or other portable electronic device.

Does CBP need a warrant to arrest me?

The authority to arrest noncitizens without a warrant is quite broad. The CBP has the power to arrest any noncitizen in their presence who is attempting to enter the United States in violation of any law or if they have reason to believe the person is in the U.S. illegally and is likely to escape before a warrant can be issued.

Fight Border Arrests with an Experienced New York City Immigration Attorney

Given the incredible power CBP has to detain, search and arrest noncitizens, it is very important that you have an experienced immigration lawyer looking out for you who knows your rights and can make sure they are not violated. If you have been illegally detained or arrested at the border and need help navigating the immigration or judicial system, contact Orbach Rosenberg Law for help from an experienced immigration lawyer in New York City.

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