My post about how badly visitors to the US are treated by US Immigration and Customs Enforcement (ICE) agents in the US, with them being sent to detention centers and kept in prison-like conditions without access to lawyers and other contacts, may have prompted questions in readers minds about exactly what rights they have when trying to enter the US. The answer is: not much. This article describes what can happen. There are a whole array of scenarios that can unfold depending on the type of visa you have and the mood of the ICE agents processing you.
The reason that you have almost no rights is because being on the ground in the US but before you are allowed by ICE to pass through immigration means that you are in a kind of no-man’s-land where the laws do not apply.
“If you’re a foreign national, first understand you haven’t affected an entry despite being physically on US soil until you’re admitted properly,” said immigration attorney Michael Wildes, managing partner of Wildes and Weinberg and a professor at the Cardozo School of Law.
“It’s a term of art when you’re admitted fully to the United States,” he said. When a person lands on US soil but is not technically admitted, “you might be considered to be what’s called an ‘arriving alien’.
“You have greater rights as a criminal than as a foreign national coming with a visa.”