Secondary Inspection at the Border: What CBP Can and Cannot Do.

If you’ve ever been told to “step into secondary,” you know how intimidating it feels. You’re standing there with your bags, wondering what went wrong — and whether you’re about to lose your green card. The truth is, being sent to secondary inspection doesn’t automatically mean you’re in trouble. It usually just means CBP wants more time to check your information before letting you back into the U.S.

What Actually Happens at Secondary Inspection?

During secondary, CBP officers may ask detailed questions about your travel, your home, or your history. They can check your record in government databases, take your fingerprints, and snap your photo. They also have the authority to search your electronic devices. Sometimes that means simply scrolling through your phone; in more serious cases, they may use forensic tools. And yes, they can hold your devices for up to five days, sometimes longer, if they think further review is necessary. (source).

In short, here’s what CBP can do:

• Ask detailed questions about your travel, residence, or past history
• Check your record in government databases such as TECS, which tracks entries, inspections, and seizures (CBP Privacy Impact Assessment)
• Collect your fingerprints and take your photograph
• Search your electronic devices under CBP Directive 3340-049A:
  • Basic search: manually reviewing content on your device
  • Advanced search using forensic tools, which requires reasonable suspicion or a national security concern and a supervisor’s approval (directive)
• Temporarily hold your devices (usually up to 5 days, though extensions are possible) (directive, p. 7)

What CBP Cannot Do

Even though officers have broad powers, they also have limits:

• They cannot access information stored only in the cloud. Their own rules require devices to be placed in airplane mode to prevent this. (directive, p. 4)
• They cannot force you to give up your green card. If you’re handed Form I-407, remember: signing it is voluntary. (see Section IV)

Your Rights in Secondary Inspection

You’re not powerless in secondary. As a lawful permanent resident, you still have important rights:

• You don’t have to sign any documents you don’t understand or agree with. The American Immigration Lawyers Association (AILA) is clear: never sign Form I-407 without legal advice. (source)
• You have a limited right to legal counsel during inspection. You usually can’t have an attorney with you at that moment, but your full rights activate once your case goes to court. (8 C.F.R. §292.5(b))
• You cannot be held indefinitely. While there’s no strict time limit, courts have ruled that detention must be reasonable and based on legitimate suspicion. ****(S. v. Montoya de Hernandez)

If Your Devices Are Taken

If CBP takes your phone, tablet, or laptop, don’t panic — but make sure you protect yourself:

• Ask for a property receipt (CBP Form 6051D) and write down the officer’s name and badge number.
• Confirm the device is in airplane mode so they cannot access cloud accounts.
• Keep your receipt in case you need to follow up.

For example, imagine a green card holder returning from a business trip abroad. Because of a prior arrest, CBP performs an advanced search of their phone. The officer issues a receipt, disconnects the device from all networks, and returns it five days later. The traveler is cleared and allowed to reenter — not because they were lucky, but because they knew the process and asked for the right documentation.

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Form I-407: Never Sign Without Legal Advice

One of the biggest risks during secondary inspection is being handed Form I-407, Record of Abandonment of Lawful Permanent Resident Status. Signing this form means you are telling the government that you are “voluntarily abandoning your status as a lawful permanent resident of the United States” (source).

But here’s the critical point: you do not have to sign it. There are no automatic penalties for refusing. Officers sometimes suggest that signing will “make things easier” or help you “avoid court.” In reality, signing is often a trap.

Under U.S. law, the government must prove you abandoned your status with clear, unequivocal, and convincing evidence (source). If you don’t sign, CBP must give you a Notice to Appear so an immigration judge — not CBP — decides your case.

AILA is very clear on this:

“Form I-407 must be signed voluntarily and there are no potential negative ramifications for refusing to sign.” — AILA Practice Alert

If CBP takes your physical green card, you still have the right to proof of your status, such as:

• An I-94 showing you are a lawful permanent resident
• An ADIT stamp (also called an I-551 stamp) in your passport, which serves as temporary proof you can live and work in the U.S.

Since 2023, USCIS has been able to issue ADIT stamps by mail without an in-person appointment in certain cases (source). Stamps are typically valid for up to one year, at the discretion of USCIS.

Picture this: a permanent resident with an old misdemeanor conviction is stopped at the airport. A CBP officer suggests signing Form I-407 “so you won’t have to deal with court.” Instead, the traveler politely refuses, asks for a Notice to Appear, and requests an ADIT stamp. USCIS verifies their identity and mails the stamp within a week, allowing them to work, travel domestically, and remain in the U.S. while their case goes before a judge.

Your Rights If Detained

Being detained by CBP is stressful, especially if English is not your first language. In that moment, it’s easy to feel powerless — but as a lawful permanent resident, you still have important rights. Knowing them in advance can help you stay calm and avoid mistakes that could harm your case.

You Have the Right to Remain Silent

You are not required to answer every question. While you should confirm your identity and present your documents, you can politely decline to answer questions about:

• Past criminal history (beyond confirming your identity)
• Political beliefs
• Religious practices
• Travel details that go beyond what is required for entry

If you choose not to answer, you can simply say, “I want to remain silent and speak with an attorney.” This right is protected under the Fifth Amendment (U.S. Const. amend. V).

You Have the Right to an Immigration Judge

CBP cannot make the final decision to take away your green card unless you voluntarily give it up. If they believe you are inadmissible, they must give you a Notice to Appear and send your case to an immigration judge (INA §240).

You Have the Right to Legal Representation

You have the right to hire a lawyer to represent you in immigration court — though CBP does not have to allow your attorney into the inspection area (8 C.F.R. §292.5(b)). If you are formally detained, you should:

• Ask to call your attorney as soon as possible
• Keep your lawyer’s contact information with you when you travel
• If you don’t have a lawyer, you can request a list of free or low-cost legal services

You Have the Right to Consular Notification

If you are a citizen of another country, you can ask CBP to notify your country’s consulate of your detention. Under the Vienna Convention on Consular Relations, consular officers can:

• Help you communicate with family
• Provide lists of local attorneys
• Monitor your treatment while in custody (S. State Department guidance)

You Have First Amendment Protections

CBP can ask questions about your activities or beliefs, but you are not required to answer questions about your political opinions or associations. This is protected under the First Amendment (U.S. Const. amend. I).

Reports from the American Immigration Lawyers Association (AILA) confirm that some LPRs are pressured by CBP officers to sign Form I-407 during secondary inspection. The AILA Practice Alert makes it clear: refusing to sign does not have negative consequences, and if CBP believes you are inadmissible, they must issue a Notice to Appear so that an immigration judge can decide your case (source). This is why knowing your rights before you travel is essential — it can mean the difference between keeping your status and giving it up without realizing the long-term consequences.

How Verdin Law Can Help

If you are a lawful permanent resident, protecting your status requires both preparation and quick action when problems arise. Verdin Law offers both.

Before you travel, the firm can:

• Conduct a proactive legal review to identify risks before you leave the U.S.
• Advise on documents to carry and help prepare a “travel packet” for reentry (AILA guidance)
• File Form G-28 so CBP and USCIS know you have legal representation (USCIS Form G-28)

If you are detained, Verdin Law can:

• Provide emergency detention and bond representation, ensuring your rights are protected from the start
• Challenge attempts to take your green card or pressure you into signing Form I-407 (AILA Practice Alert)
• Represent you before an immigration judge if CBP issues a Notice to Appear
• Pursue green card reinstatement or I-407 reversals when abandonment was signed under pressure

In removal cases, the firm’s litigation team can:

• Defend against deportation in immigration court
• File appeals and motions to reopen where appropriate
• Navigate complex issues such as past convictions, prolonged absences, or alleged abandonment of status

Travel as a green card holder should be routine — but recent trends show that CBP is taking a closer look at some returning residents. By knowing your rights and preparing before you travel, you can protect your status and reduce the risk of detention or status loss.

Key reminders:

• You are not required to sign away your green card at the border
• CBP cannot remove you without a hearing before an immigration judge
• You have the right to contact your attorney and, if you wish, your consulate
• Preparation is your best defense — especially if you have potential risk factors

If you or someone you care about is detained at a U.S. port of entry, acting quickly can make all the difference.

Call us immediately at (214) 741-1700. The sooner you get experienced immigration counsel involved, the more options you’ll have to keep your residency safe.

This is Part 2 of a 3-part series on what to do if you’re stopped at a U.S. port of entry. In Part 1, we explain what can trigger CBP to question a green card holder’s return to the U.S., outline your key rights at the border, and show how to prepare so you don’t risk your permanent residency. In Part 3, we’ll show you how to prepare before you travel by identifying risk factors, assembling proof of U.S. ties, and setting up legal support so you can protect your green card and avoid problems at reentry.