U.S. Border Refusal, Expedited Removal & Reentry Law
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Secondary Inspection at a U.S. Airport or Border

FURTHER CBP INSPECTION AT A PORT OF ENTRY

Secondary Inspection at a U.S. Airport or Border

Referral to secondary inspection does not itself mean that a traveler is inadmissible. It allows CBP to conduct further review of identity, documents, immigration history, purpose of travel or other issues before deciding whether the traveler may enter.

Secondary Inspection May Involve

  • Detailed questioning
  • Review of immigration records
  • Document verification
  • Electronic-device examination in some cases
  • A decision to admit, withdraw or remove

What Is Secondary Inspection?

CBP describes primary inspection as the initial inspection of arriving travelers. A traveler whose processing requires more time or whose case warrants further review may be referred to secondary inspection.

CBP states that officers have broad discretion to make a secondary referral, including referrals made without suspicion of wrongdoing.

Secondary inspection is not itself a finding of inadmissibility. It is a further inspection process that may end in admission, withdrawal, expedited removal or another disposition.

Why Might CBP Refer Someone to Secondary?

  • Questions about the traveler’s documents or information.
  • Potential immigration-status or admissibility issues.
  • A database alert or prior immigration event.
  • Questions about the purpose of travel.
  • Possible civil or criminal-law issues within CBP authority.
  • Random screening.
  • A determination by the primary officer that further inspection is appropriate.

A referral therefore does not necessarily mean that CBP has already decided the traveler did something wrong.

What Questions Can Become Important?

In a visitor case, officers may focus on the purpose and duration of travel, employment, finances, U.S. relationships, prior trips and whether the traveler intends to comply with the temporary visa classification.

Statements made during secondary inspection can later become important if CBP alleges that the traveler misrepresented the purpose of travel or another material fact.

Can CBP Review Electronic Devices?

CBP maintains a separate border-search policy for electronic devices. Current CBP public guidance explains that electronic-device searches are only a small fraction of secondary inspections, but they can occur at the border.

Information located during such a search may become relevant to a traveler’s stated purpose, employment, relationships or other admissibility questions.

An electronic-device search is not automatic in secondary inspection. CBP’s current statistics show that most travelers referred to secondary do not have an electronic device searched.

Possible Outcomes After Secondary Inspection

  • Admission: CBP resolves the issue and admits the traveler.
  • Deferred inspection or other follow-up: possible in appropriate cases.
  • Withdrawal: CBP permits the traveler to withdraw the application for admission and depart.
  • Expedited removal: CBP issues a removal order under INA §235(b)(1) in a covered case.
  • Referral to removal proceedings: another proceeding may be used depending on the traveler and legal issue.
  • Visa cancellation: the visa may be canceled in connection with the refusal.

What Records Should Be Obtained After a Serious Secondary Inspection?

  • Any paperwork CBP gave the traveler.
  • Form I-275, if withdrawal occurred.
  • Form I-860, if expedited removal occurred.
  • Forms I-867A/B, if a sworn statement was taken under the expedited-removal process.
  • Passport annotations and visa cancellation markings.
  • Relevant CBP records obtained through FOIA.

See CBP FOIA and Border Records.

Frequently Asked Questions

Does secondary inspection create a permanent record?

The inspection can generate government records that may be available to CBP in future immigration encounters.

Does being sent to secondary mean my visa is canceled?

No. Many travelers are admitted after secondary inspection. Visa cancellation depends on the actual outcome.

Can secondary inspection lead to expedited removal?

Yes, in a case covered by the expedited-removal statute and regulations.

Should I request CBP records after being refused entry?

Often yes when the traveler does not possess the complete record or needs to understand the factual and legal findings before applying again.

Primary Government Sources

These government materials provide the principal statutory, regulatory or agency framework discussed on this page.

Understand What CBP Recorded During Secondary Inspection

A review can identify whether the encounter ended in admission, withdrawal, removal, visa cancellation or a separate inadmissibility finding.