The FBI wants to talk to you = handcuffed for hours in JFK

[Bereta_Eder]

But in that case I expected "better" from you, actually

[SpencerH]

You havent officially entered the US at an airport until you pass through immigration (who decide whether you can enter, visa or not).

[KrazyHorse]

Originally posted by SpencerH
You havent officially entered the US at an airport until you pass through immigration (who decide whether you can enter, visa or not).

But you're still protected constitutionally, no? Like if they arrest you they still have to let you see a lawyer, tell you your rights, etc...

[SpencerH]

No, I dont think you are since you havent officially entered the country. If you are persona non grata (for any reason) you can be held in custody until you are sent out of the country. It prevents illegal immigrants from simply flying here, getting off the plane, then using delaying tactics such as claiming the right to a lawyer and court appearances etc.

[Bereta_Eder]

When you're not in US soil how can US officials have any authority over you?

[Straybow]

The same way an Air Marshall has authority en route, even over foreign territory. The same way the Coast Guard has jurisdiction in territorial waters. A Cuban or Haitian refugee picked up in the water has zero constitutional rights. They can't even make a claim for sanctuary or whatever.

[MarkG]

basically, in airports, the authorities have rights, people dont

[Chemical Ollie]

Originally posted by MarkG
basically, in airports, the authorities have rights, people dont

Only in airports?

[MichaeltheGreat]

Originally posted by Frogger


But you're still protected constitutionally, no? Like if they arrest you they still have to let you see a lawyer, tell you your rights, etc...

They don't have to do any of that, unless they want to try you for a crime. Detention and deportation happen all the time without lawyers, etc., because you're not being tried for a crime, just kicked out.

If you want to enter the US, you have to answer their questions, so it's not a matter of having a right to a lawyer, it's a matter of cooperating, or getting kicked out of the country.

If you're detained pending an immigration inspection, it's not an arrest - it's simply part of the inspection process. I've gotten that crap a couple of times while commuting from México to the US, and although I haven't been handcuffed, I've been physically escorted by a couple of guards to a waiting area, where you empty your pockets, take your shoes and belt off, and are searched. Then you chill on a bench with your stuff in a little cubicle until they get around to asking whatever they want to ask, or until the computer confirms from your ID scan that you're not on the 10 most wanted list like they originally thought.

[Sava]

*cough slippery slope

[KrazyHorse]

They don't have to do any of that, unless they want to try you for a crime. Detention and deportation happen all the time without lawyers, etc., because you're not being tried for a crime, just kicked out.

This is pretty much what I figured.

You happen to know if anything you say while being "detained" can be held against you in a court of law? And it would seem to me that there would have to be some sort of requirement for expediency on the part of the authorities; wither they let you go, put you back on a plane, or arrest you for a crime within 48 hours or something...

[Sava]

It doesn't matter, they won't bother wasting time with a court of law.

[DuncanK]

I think you are not legally on the soil of a country just by arriving on a plane. I think you are legally on the soil of a country after going through customs. I'm not too sure though.

This guy got lucky. I think if he were of Middle Eastern decent he would have been detained for maybe a month or two. That's what's going on in the US.

[Sava]

SSSHH!

[monolith94]

November 17 - now there's a terrorist group I'm really scared of!!!