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CAIR California

Know Your Rights

While Traveling

Traveling should be safe and stress-free—but travelers are facing new challenges at airports and borders. Whether you’re flying domestically or internationally, it’s important to understand your rights and prepare for potential risks.

This page provides essential information on what to expect when going through Transportation Security Administration (TSA) or Customs and Border Protection (CBP) checkpionts, tips for protecting your privacy, and steps to take if you’re questioned or detained.

Before You travel

Share Your Itinerary: Give your travel plans and passport/visa details to a trusted person not traveling with you.

Memorize a Phone Number: In case your phone is taken or inaccessible,  be sure you know the phone number of a lawyer and at least one trusted contact who can respond quickly if you need help.

Call Us if You’ve Been Stopped Before: If you’ve experienced secondary inspection in the past, contact the nearest CAIR-CA office before you travel:

  • Greater Los Angeles Area: 714.776-1847
  • Sacramento Valley / Central CA: 916.441.6269
  • San Diego: 858.278.4547
  • San Francisco Bay Area: 408.986.9874


Consider making an emergency care plan for your children. Designate someone you trust to step in if you’re detained and consider legal options like temporary guardianship.

For Non-Citizens: If you hold a visa from a country listed on the travel ban, avoid international travel if possible. If you must travel, consult an immigration attorney first.

Carry Key Documents: Proof of lawful status or pending applications, and certified court records if applicable.

Secure Your Devices: Log out of accounts, disable fingerprint/face unlock, and consider traveling with a temporary device. Print your boarding pass so you don’t need to unlock your phone at the gate.

at airport security

TSA & Immigration and Customs Enforcement (ICE): What You Need to Know

When you go through TSA security—whether for a domestic or international flight—your information may be shared with ICE. This includes your name, photo, and travel details. ICE uses this data to identify and arrest people they consider priorities for enforcement.

Who Is Most at Risk of Arrest by ICE?

  • People with old deportation orders (even if unaware of them).
  • Those with temporary status that has expired or been revoked (including Temporary Protected Status, parole programs like CHNV, U4U, CBP One).
  • Individuals with pending immigration applications (asylum, green card, etc.).
  • Anyone with a criminal history—even if charges were dropped.
  • Green card holders with certain criminal convictions.
  • DACA holders and others with deferred action status.


If you’re unsure about your risk, check your status and consult an immigration attorney before traveling.

What Are My Rights With TSA?

TSA agents are responsible for safety-related screenings and searches related to travel within the U.S.

TSA Can

  • Detain you briefly if they feel you are a security risk or if you are doing a specific illegal activity.
  • Ask you to submit to a pat-down.
  • Ask you to open your carry-on bag and search through your belongings.
  • Ask you about your citizenship and where you are traveling.

TSA Cannot

  • Ask personal questions without cause about your family, job, politics, or religion if you are a U.S. citizen.
  • Target you for more screening based on your race, ethnicity, or religion.
  • Handcuff or strip search you without probable cause that you’ve committed or will commit a crime.
  • Force you to remove certain items of religious clothing, such as hijab, without a private room.
  • Force you to submit to a pat-down from someone of a different gender.

can i wear hijab during security screenings

You have the right to wear a hijab or any other religious head covering while traveling and during security screenings. However, if the security alarm is triggered, TSA agents may request additional screening, which could include patting down your hijab or asking you to remove it. 

If this happens:

  • State that you wear your hijab or head covering for religious reasons.
  • Ask to pat down your own hijab while a TSA agent supervises.
  • Assert your right to have any pat-down or removal conducted in a private area.
  • Assert your right to have the screening conducted by an officer of the same gender.


TSA may also test for chemical residue after the pat-down.

At the border

What Are My Rights With Customs and Border Protection (CBP)?

When returning from an international flight, everyone goes through primary inspection with Customs & Border Protection (CBP). CBP agents are responsible for preventing the illegal entry of people or goods in the U.S.

CBP Can

  • Ask about your citizenship, the purpose of your trip, countries visited, and anything you bring back to the U.S.
  • Request valid documentation to verify travelers’ identities.
  • Examine your baggage and everything in it.
  • Physically take electronic items, but they cannot force you to unlock them. Always request a receipt.

CBP Cannot

  • Target you for more screening based on your race, ethnicity, or religion.
  • Ask personal questions without cause about your family, job, politics, or religion, if you are a U.S. citizen.
  • Perform a strip search or body cavity search without reasonable suspicion.
  • Hold you for prolonged secondary screening without allowing you to have an attorney present.

Can I be denied entry into the u.s. if i refuse a CPB agent's instructions?

  • U.S. citizens cannot be denied entry to the U.S. for refusing to produce passwords, provide device access, submit electronic devices for a search, or for refusing to answer questions unrelated to establishing the person’s citizenship or identity.
  • Lawful permanent residents (LPR) who have previously been admitted to the U.S. and have maintained their status also cannot be denied entry. LPRs only have to answer questions establishing their identity and permanent residency, but refusal to answer will likely cause delay. Do not voluntarily give up your green card or sign anything you do not understand!
  • Non-citizen visa holders may be denied entry for refusing to cooperate or answer questions.

What Do I Do If my Electronic Device Is Taken?

You are not required to provide a password to unlock your phone or laptop if asked by a CBP officer. Verbally voicing your objection to any search or seizure of your device is recommended to help preserve any future legal claims. Agents need reasonable suspicion to hold your device for an extended period of time or to do an invasive search of your device. If your device is confiscated, write down the officer’s name and ask for a receipt for your property.

To Protect Your Digital Data

  • Encrypt and back up your device’s data to a cloud-based service and erase sensitive data and log-in information from your device.
  • Use a strong password and turn off fingerprint or face unlock.
  • Shut down your device before arriving at the border checkpoint.

What Should I Be Aware of When Returning from Hajj?

  • Carry any Zam Zam water that you want to bring back in your checked bag. Airlines will not allow you to carry liquids in quantities over 3.4 oz (100 ml) on the plane.
  • Dates are generally allowed to be brought back despite restrictions against most kinds of fruits and vegetables. You must ensure they are stored properly and declare and present them to CPB agents for inspection.
  • All items received, gifted, or purchased while abroad must be declared at customs, including currency (money, gold bars, etc.) worth more than $10,000.

Handling travel issues

If you encounter issues while traveling:

  • Never provide false information, fake documents, or an incorrect imigration status while traveling.
  • Politely object to any questions about your community, family, religion, politics, or work by saying “I wish to remain silent. My attorney will contact you.”
  • Ask to speak to a supervisor.
  • Document the name, agency, badge number, and contact number of anyone you speak to.
  • Write down a statement of facts immediately after the incident. Be sure to include the flight number, the flight date, and the name of the airline.
  • Do not sign anything before speaking to a lawyer.
  • Report the incident to your local CAIR-CA office. Our civil rights team will document the incident and can provide legal assistance if needed.
Always tell someone about your travel plans and provide them with your itinerary. Text your contacts from the airplane to let them know you’ve landed. If you’re delayed by CBP beyond a reasonable amount of time, they should contact an attorney.

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