COMMUNICATION WHILE HELD BY CBP
CBP custody policy addresses telephone access and specifically requires consular-access procedures for detained foreign nationals. Consular rights are stronger and more specifically defined than a general expectation of unrestricted telephone access to family or friends.
The Department of State states that foreign nationals arrested or detained in the United States must be advised without delay of the option to have their embassy or nearest consulate notified and to communicate with consular officials.
These consular-notification obligations apply regardless of the foreign national’s immigration status.
For nationals of specified countries and jurisdictions, U.S. authorities must notify the appropriate embassy or consulate even if the detained person does not request notification.
For other countries, notification is generally made if the foreign national requests it.
TEDS states that detainees must, as appropriate, be advised of consular-access rights in a language or manner they understand. If consular contact is requested, CBP policy states that it will be afforded as soon as operationally feasible.
CBP’s detention standards require officers and agents to grant detainees telephone access according to the applicable operational office’s policies and procedures.
This does not mean a person in secondary inspection has an unrestricted right to use a personal cellphone whenever requested.
Current CBP guidance states that CBP will not ordinarily provide information to family members regarding an inadmissible traveler being held at a port of entry for expedited removal.
For people who have been in ICE or CBP custody for 48 hours or more, the ICE detainee locator may provide information in qualifying cases.
The Department of State explains that consular officers may communicate with detained nationals and can provide forms of consular assistance such as helping contact family, supporting access to legal representation and checking on medical care.
A consulate does not control whether CBP admits the traveler or cancels an expedited-removal order.
Consular-access rights should not be confused with a general right to have an immigration attorney present during primary or secondary inspection.
Yes. Detained foreign nationals have consular-notification and access protections, subject to the applicable treaty framework.
CBP policy provides telephone access according to operational procedures, but family contact does not have the same treaty-based framework as consular notification.
No. Consular officials can provide assistance, but they do not replace CBP’s statutory authority to determine admission at the port of entry.
These government materials describe the principal CBP custody and detention standards discussed on this page.
Where a custody dispute involves consular notification, telephone access or inability to reach family, the timing and exact requests should be documented carefully.