The US Customs and Borders Protection (CBP) immigration checkpoints along I-93 in New Hampshire are an embarrassment to our state and violate the Fourth Amendment. It is likely that CBP will continue conducting checkpoints in New Hampshire throughout the year. You need to know your rights for what do if you are stopped.
Based on videos of the checkpoint recorded by motorists in 2018, the way CBP is conducting these checkpoints is deeply disturbing, coercive, and unconstitutional. The CBP told motorists that they were “required” to answer their questions. This is inaccurate. All individuals going through these checkpoints have the right to say absolutely nothing. CBP officials also told individuals that, if they did not answer questions, they would be indefinitely detained until they agreed to answer. This too is not only a legally inaccurate statement, but it flies in the face of the Fourth Amendment and the cases interpreting it. The refusal to answer questions does not create reasonable suspicion or probable cause to prolong a stop at these checkpoints. If a person refuses to comply and CBP cannot promptly determine the person’s immigration status, CBP must immediately release that person. CBP should cease its practice immediately of lying about the law and what is required in order to coerce compliance.
Share your video footage. If you have footage of a CBP checkpoint in New Hampshire, please email your footage to the ACLU of NH at [email protected]. Let us know:
- if people were detained for any amount of time;
- if the officers said the people stopped were required to answer questions;
- if the people stopped were searched;
- and if the officers have been threatening to keep those who were stopped there all day.
Know Your Rights with Border Patrol. Download our Know Your Rights With Border Patrol Flyer and help us share infomration withg people about their rights when in contact with CBP.