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How to File a Civil Rights or Discrimination Complaint After CBP Inspection

CIVIL RIGHTS DURING U.S. BORDER INSPECTION

How to File a Civil Rights or Discrimination Complaint After CBP Inspection

The DHS Office for Civil Rights and Civil Liberties accepts complaints alleging civil-rights or civil-liberties violations involving DHS personnel and activities. Its complaint materials specifically identify discrimination or inappropriate questioning related to entry into the United States, detention-related rights concerns, physical abuse and other civil-rights issues.

CRCL Complaints Can Include

  • Discrimination
  • Inappropriate questioning
  • Language-access problems
  • Physical or other abuse
  • Detention-related civil-rights concerns

CRCL Reviews DHS Civil Rights and Civil Liberties Complaints

DHS states that its Office for Civil Rights and Civil Liberties reviews and investigates complaints from members of the public involving DHS programs, policies, activities and personnel.

Border Inspection Is Expressly Covered

The current DHS civil-rights complaint materials specifically list discrimination or inappropriate questioning related to entry into the United States as examples of matters that may be submitted to CRCL.

A traveler does not need to convert every unpleasant inspection into a discrimination claim. The complaint should identify the actual conduct and the protected-rights concern involved.

Other Covered Issues Include Detention and Abuse

CRCL materials also identify alleged violations of rights during immigration detention or enforcement, limited-English-proficiency access problems, physical abuse and other civil-rights or civil-liberties violations.

Complaints Can Be Submitted Without the Optional Form

DHS states that use of its complaint form is optional. A written complaint containing the requested information can also be submitted.

Complaints Are Accepted in Languages Other Than English

CRCL states that complaints may be submitted in languages other than English and that interpreter and translation resources are available.

Anonymous Complaints Have Practical Limitations

CRCL permits anonymous complaints, but DHS warns that anonymity can make investigation difficult or impossible if investigators cannot obtain necessary information or follow up with the complainant.

What to Include

  • Traveler’s name and contact information if willing to provide it.
  • Date and location of the CBP incident.
  • Description of the conduct.
  • Why the traveler believes a civil right or liberty was violated.
  • Officer or witness information if known.
  • Supporting CBP forms, medical records, photographs or other evidence.
  • Information about prior complaints concerning the same incident.

CRCL Does Not Replace the Immigration Remedy

A civil-rights complaint can investigate or address DHS conduct and policies, but it does not automatically cancel an expedited-removal order, grant a visa or admit the traveler.

If the same incident also created an immigration finding, that finding must be analyzed separately.

Frequently Asked Questions

Can I complain about discriminatory questioning at the border?

Yes. DHS CRCL expressly identifies discrimination or inappropriate questioning related to entry into the United States as a category of civil-rights complaint.

Must I file the official CRCL form?

No. DHS states that the form is optional and that a written complaint containing the requested information can be used.

Can I file in another language?

Yes. CRCL states that complaints are accepted in languages other than English.

Primary Government Sources

These government materials provide the principal complaint, oversight and traveler-redress procedures discussed on this page.

Document the Specific Civil Rights Concern and the Border Event

The most useful complaint clearly identifies the conduct, location, people involved and supporting evidence while separating civil-rights issues from the underlying immigration decision.