Can You Be Detained and Deported at the Border?
Yes, US Customs and Border Protection (CBP) officers at land border crossings have the authority to detain, question, and deport travelers attempting to enter the United States. If CBP officers believe you are inadmissible due to issues such as missing documents, prior immigration violations, or suspected fraud, they can cancel your visa, deny your entry, and even issue an expedited removal order Section 212(a)(7)(A)(i)(I) and Section 212(a)(7)(B), which can bar you from returning to the US for up to five years or more. In some cases, individuals are taken into detention and placed in formal removal proceedings.
However, a border deportation does not always mean your case is over. Many people who are turned away or deported can still challenge the decision or apply for legal waivers to return. Here are three cases where we successfully helped clients after they were deported at the border.
Case 1: Denied Entry for Suspected Unauthorized Work
An Indian IT consultant, traveling on an H1B visa, was stopped at the US-Canada border and accused of planning to work outside the scope of his visa. CBP officers denied his entry, canceled his H1B status, and told him he would need a different visa to return. We reviewed his case and prepared a legal brief clarifying his job duties, showing that his role was fully compliant with H1B regulations. After filing the necessary paperwork with the consulate, he was able to obtain a new H1B visa and return to work in the US.
Case 2: F1 Visa Holder Detained Due to OPT SEVIS Issues Caused by her University
The F1 visa holder’s university made a mistake with her SEVIS. Instead of fixing it, they advised her to reenter the US through Mexico to resolve this issue. She was detained at the border and her visa was cancelled. Her family retained us and we worked with the detention officer for her release. After she was released, we were able to work with the school and helped her obtain a new visa to return back to the US.
Case 3: Expedited Removal Due to Alleged Visa Fraud
An Asian visitor on a B2 visa was attempting to cross into the US from Mexico when CBP officers accused him of misrepresenting his travel plans. They suspected he intended to stay longer than allowed and issued an expedited removal order, banning him from re-entering for five years. We appealed the decision, proving that he had no intention of violating his visa. After months of advocacy, we won his case, and he was able to travel to the US again legally.
Have You Been Deported at the Border? Contact Us Today
If you have been turned away or deported at a U.S. land border, you may still have options. Waivers, and legal challenges can help reverse a wrongful deportation or allow you to re-enter in the future. Time is critical and acting quickly can improve your chances of success. Contact my office immediately at 305-515-0613 or info@messersmithlaw.com for a consultation. We have extensive experience helping individuals fight border deportations and regain their ability to enter the US.