Vancouver, BC — A sharp increase in arrests at U.S. ports of entry has placed new attention on the little-understood process of “secondary inspection,” prompting lawful travelers to ask what rights they retain and how they should respond.
Amicus International Consulting, a global advisory firm specializing in identity law, compliance, and cross-border travel risk management, has curated detailed guidance designed to help travelers navigate secondary inspection with confidence while preserving their lawful protections.
Arrests Surge at Land, Air, and Sea Ports
Recent reports from Customs and Border Protection (CBP) indicate that arrests during secondary inspections have risen by double digits over the past year. The reasons vary: unresolved warrants, suspected immigration violations, undeclared high-value goods, controlled substances, cybercrime investigations, and mismatches between databases and travel documents.
While most travelers are admitted without difficulty after primary inspection, the number referred to secondary inspection is increasing, making awareness of lawful responses more urgent than ever.
Secondary inspection is not in itself evidence of wrongdoing. Instead, it is a formal mechanism to resolve questions that cannot be answered during the brief primary inspection at passport control. For the traveler, however, the experience can be intimidating, particularly when detentions or arrests follow. Amicus International Consulting emphasizes that understanding the process and responding appropriately can dramatically reduce escalation.
What Happens During Secondary Inspection
Secondary inspection is a deeper level of scrutiny. Travelers referred for secondary inspection may undergo:
- Extended questioning about travel purpose, duration, and connections
- Detailed document review, including visas, passports, and supporting papers
- Database checks against law enforcement, immigration, and counterterrorism records
- Luggage examination, including search of personal belongings and purchases abroad
- Electronic device inspections, sometimes including laptops and cell phones
- Biometric verification, including fingerprints and facial scans
- Referral to other agencies, such as Immigration and Customs Enforcement (ICE) or state police
The process can last minutes or hours. Travelers may wait in designated holding areas, and in some cases may be asked to leave luggage or devices with officers. Understanding rights and obligations is essential to navigating this process calmly and lawfully.
Lawful Traveler Responses
Amicus International Consulting provides the following guidelines for travelers:
- Stay Calm and Polite: Anxiety and frustration are natural, but hostility can be misinterpreted as obstruction.
- Answer Truthfully: Misrepresentation, even on minor details, can lead to bans or charges.
- Respect Device Procedures: While CBP has authority to inspect devices, travelers may invoke special handling rules for journalistic, privileged, or medical records.
- Ask Clarifying Questions: Politely requesting clarification of procedures can reduce confusion.
- Understand Consular Rights: Non-citizens may request notification of their consulate if detained.
- Document the Encounter: Mental notes of questions asked, length of inspection, and officer behavior can assist counsel later.
- Request Counsel if Arrested: Once the process escalates into arrest, travelers have a right to legal representation.
Amicus stresses that secondary inspection is not punitive in itself, but lawful responses reduce risks and protect dignity.
Case Study 1: Family Vacation Disrupted at Land Border
A Canadian family traveling to the United States for a vacation was stopped at a land crossing in North Dakota. The father’s name bore a resemblance to that of a person flagged in a criminal database. The family was taken to secondary inspection, where the father became frustrated after hours of waiting and raised his voice. Officers interpreted his behavior as aggression, resulting in a temporary detention before the matter was cleared.
Amicus later advised that early calm, consistent answers, combined with supplemental identification documents, likely prevented escalation. The case illustrates how composure and preparedness are critical, even when mistakes originate from databases.
Case Study 2: Business Traveler and Sensitive Data
An executive flying to Miami for a conference was referred to secondary inspection when officers requested access to his company-issued laptop. The device contained sensitive client data protected by confidentiality agreements. The traveler hesitated, fearing breach of contract.
Amicus advised that the executive could comply with inspection while invoking filter review procedures, which ensure privileged or sensitive information is handled under specific safeguards. By documenting the chain of custody and requesting supervisor review, he lawfully satisfied inspection while preserving obligations to clients.
Case Study 3: Cruise Passenger and Undeclared Purchases
A U.S. citizen returning from a Caribbean cruise was referred to secondary inspection after officers found undeclared luxury goods in her luggage. Initially denying the purchases, she was confronted with receipts tucked into shopping bags. The misrepresentation led to fines and a short detention.
Amicus notes that declaring goods, even if subject to duty, results in far lighter consequences than lying. The case highlights that honesty is always the better course during inspection.
Case Study 4: International Student and Visa Scrutiny
An international student arriving at JFK Airport with an F-1 visa was sent to secondary inspection when officers questioned his funding and enrollment documents. Nervous and confused, he gave inconsistent answers about his financial support. CBP detained him overnight and nearly canceled his entry.
With Amicus guidance, the student later assembled a portfolio of clear bank statements, sponsor letters, and school documents. On his next entry, he passed inspection smoothly. The lesson: students and work visa holders must carry consistent, transparent documentation.
Case Study 5: Refugee Applicant and Device Search
A traveler seeking asylum was referred to secondary inspection at a Texas border crossing. Officers sought to inspect his phone, which contained sensitive communications with family abroad. The traveler worried that disclosure could endanger relatives.
Amicus advised that CBP inspection authority is broad, but travelers may request “protected handling” for information that could put lives at risk. While not always granted, the request itself documents concern and can later be raised in court. This case illustrates the tension between device searches and humanitarian concerns.
Case Study 6: Airline Crew Member and Overstay Record
An airline crew member was pulled into secondary inspection at Los Angeles International Airport after officers flagged a previous overstay. Although the matter had been resolved years prior, the database had not been updated. Secondary inspection verified the resolution, but the experience shook the crew member.
Amicus emphasizes that clerical errors are common. Carrying supporting documents from prior resolutions can expedite clearance.
Why Arrests Are Rising
Analysts cite several reasons for rising arrests at ports:
- Integrated Databases: Agencies now share information more efficiently, catching outstanding issues that once slipped through.
- Migration Pressures: Global migration surges have heightened scrutiny.
- Drug and Contraband Smuggling: The expanded focus on synthetic drugs and counterfeit goods has led to more inspections.
- Cybercrime: Growth in device inspections reflects concerns about intellectual property theft, sanctions evasion, and terrorism finance.
- Post-Pandemic Travel Recovery: Larger volumes mean more referrals.
Amicus’ Secondary Inspection Checklist
Amicus has published a comprehensive checklist for lawful travelers:
- Verify that names and birthdates match across all documents.
- Retain receipts for all overseas purchases.
- Keep prescription medications in labeled containers.
- Prepare a simple explanation of the travel purpose.
- Limit the carrying of sensitive work data on devices.
- Understand that device searches may occur.
- Non-U.S. citizens should be aware of their consular contact rights.
- Avoid misrepresentation under any circumstances.
- Stay calm, polite, and observant.
International Comparisons
Secondary inspection practices vary worldwide. In Canada, secondary inspection by the Canada Border Services Agency (CBSA) often involves agricultural declarations and customs checks. In the European Union, Schengen border checks may involve biometrics but rarely extend to device searches. In Australia, strict customs declarations make secondary inspection common for travelers carrying food or agricultural products.
Amicus advises that travelers research host-country procedures before departure. While U.S. secondary inspection is particularly robust, many countries use similar tiered systems.
Legal Controversies
Device searches at borders remain a contested issue. Civil liberties groups argue that warrantless searches of phones and laptops infringe on privacy rights. Courts have issued mixed rulings, with some upholding broad CBP powers and others requiring limits. Amicus predicts that litigation will continue to refine the balance between security and privacy.
Training and Outreach
Amicus International Consulting is expanding its training programs for businesses, schools, and NGOs that frequently engage with cross-border travelers. Scenario-based workshops simulate secondary inspections, teaching participants how to respond calmly, assert rights lawfully, and preserve dignity. Employers are encouraged to provide pre-travel briefings that include Amicus checklists.
The Human Dimension
Secondary inspection is stressful, particularly for families, students, and first-time travelers. Anxiety can lead to misstatements that complicate matters. Amicus stresses that emotional preparation is as essential as document readiness. Travelers should expect delays, bring water and snacks for children, and view secondary inspection as a routine, though serious, part of border security.
Broader Policy Questions
The rise in arrests has sparked debate. Advocates argue that travelers deserve clearer rights disclosures at ports, while officials maintain that flexibility is essential for security. Amicus positions itself as a neutral educator, emphasizing lawful compliance while equipping travelers to exercise rights calmly and effectively.
Looking Ahead
Global travel continues to increase, and secondary inspection will remain a fixture. Arrests will rise as databases expand and digital threats persist. Amicus foresees future reforms clarifying device search rules and consular notification rights. Until then, preparation remains the best traveler defense.
Conclusion
Arrests at ports of entry are focusing public attention on the role of secondary inspection. Though intimidating, secondary inspection is a lawful process designed to verify identity, documents, and declarations. Amicus International Consulting advises that lawful travelers can protect themselves by staying calm, telling the truth, and preparing with checklists. By understanding what to expect, travelers can reduce risks, preserve rights, and ensure smoother border crossings.
Contact Information
Phone: +1 (604) 200-5402
Email: info@amicusint.ca
Website: www.amicusint.ca