Fact Check: "C.B.P. can deny entry based on political beliefs."
What We Know
The claim that U.S. Customs and Border Protection (CBP) can deny entry based on political beliefs is misleading. According to the American Civil Liberties Union (ACLU), the Constitution prohibits CBP agents from performing stops, searches, detentions, or removals based solely on religion, race, national origin, gender, ethnicity, or political beliefs. This means that while CBP has broad discretion at the border, they cannot deny entry solely based on a person's political beliefs.
Furthermore, a statement from Hilton Beckham, assistant commissioner of CBP, indicates that lawful permanent residents (green-card holders) who have not violated any laws or committed application fraud have "nothing to fear about entering and exiting the country" (NPR). This reinforces the notion that entry cannot be denied based on political beliefs alone.
Analysis
The evidence suggests that while CBP has significant authority to question and inspect travelers, they are legally bound not to discriminate based on political beliefs. The ACLU's guidelines clarify that lawful permanent residents and U.S. citizens cannot be denied entry for refusing to answer questions regarding their political opinions (ACLU). This is a critical point, as it establishes a legal framework that protects individuals from arbitrary denial of entry based on their beliefs.
However, it is important to note that non-citizen visa holders may face different circumstances. While they can decline to answer questions about political beliefs, doing so might lead to delays or even denial of entry (NPR). This distinction highlights that while the law protects against discrimination based on political beliefs, the practical application can vary depending on a traveler's status.
The sources used in this analysis are credible and come from established organizations such as NPR and the ACLU, which are known for their advocacy in civil rights and legal matters. Their information is based on legal interpretations and statements from officials within CBP, making them reliable for understanding the rights of travelers at U.S. borders.
Conclusion
The claim that CBP can deny entry based on political beliefs is False. Legal protections exist that prevent discrimination based on political beliefs, and while CBP has broad authority at the border, they cannot deny entry solely for this reason. The nuances of immigration status do complicate the situation, particularly for non-citizen visa holders, but the overarching legal framework protects against arbitrary denial based on political opinions.
