U.S. Customs and Border Protection, or CBP, is a federal law enforcement agency, a division of the U.S. Department of Homeland Security. The CBP is responsible for ensuring the safety and security of all U.S. international borders. It is charged with regulating and facilitating international trade, collecting import duties, and enforcing U.S. regulations, including trade, customs, and immigration.
It is headquartered in Washington, D.C. CBP is one of the largest law enforcement agencies in the world, with approximately 65,000-67,000 employees. In years past, different agencies regulated customs, immigration, and border security. The CBP combines all of those into one enforcement agency. One of its goals is to ensure that the application of regulations of those areas will be consistent across the board.
The CBP was created in response to criticisms of the way the immigration authorities handled the September 11, 2001 bombing of U.S. buildings. Some believed that the Immigration and Naturalization Service (as it was then called) failed in its duty to prevent terrorists from entering the U.S. Since then, one of the CBP’s most important and most visible responsibilities is addressing issues of national security and terrorist activity.
CBP Structure and Related Agencies
CBP operates as the primary border enforcement agency within the Department of Homeland Security (DHS). Its main components include:
- Office of Field Operations (OFO): Officers staff the Ports of Entry and are responsible for inspecting travelers and cargo, determining admissibility, and enforcing customs laws.
- United States Border Patrol (USBP): Agents operate between ports of entry, focusing on detection and apprehension of individuals entering unlawfully.
- Air and Marine Operations (AMO): Provides aerial and maritime surveillance and interdiction capabilities.
CBP is distinct from U.S. Immigration and Customs Enforcement (ICE), which handles interior enforcement and long-term detention. ICE’s Enforcement and Removal Operations (ERO) manages detention and deportation after CBP apprehension, while Homeland Security Investigations (HSI) focuses on transnational crime.
When CBP apprehends an individual, custody typically transfers to ICE ERO for longer-term proceedings. U.S. Citizenship and Immigration Services (USCIS) is a third DHS agency that handles immigration benefits and, as of September 2025, has been granted law enforcement authority allowing USCIS special agents to conduct investigations, arrests, and prosecutions.
What Types of Issues Does the CBP Monitor?
The CBP is charged with five missions:
- Counter Terrorism – Anticipate, detect and disrupt the threat of terrorists
- Combat Transnational Crime – Detect, deter and disrupt transnational organized crime
- Secure the Border – Protect the United States against illegal entry,
- Facilitate Lawful Trade and Protect Revenue – Enable fair, competitive and compliant trade to ensure economic security for the American people.
- Facilitate Lawful Travel – Improve the travel experience by anticipating and intercepting threats along the borders and at border crossing points
Most CBP agents engage in real-time situations in the field, as opposed to administrative or investigative functions. Activities engaged in by CBP officers include:
Immigration Supervision and Control
- Watching out for border safety concerns in general
- Patrolling the borders for safety and immigration purposes
- Processing travelers at border entry points
- Preventing those who do not have permission from crossing into the United States
- Monitoring and identifying suspicious or high-risk persons seeking entry into the country
- Arresting persons who are under suspicion of illegal immigration
- Participating in the removal and deportation of persons who do not have permission to be in the United States
- Performing traffic inspections looking for hidden passengers
- Building border fences and other structures
Customs Enforcement – General
- Seizing all merchandise that is stolen, smuggled, or clandestinely imported
- Inspecting packages for drugs and other contraband
- Searching and inspecting electronic items such as cell phones, laptops and tablets
- Arresting those who have smuggled illegal goods into the country
Customs Enforcement – Agricultural
- Inspecting items crossing international borders into the U.S., especially agricultural products
- Preventing the entry into the U.S. of non-native agricultural pests, diseases, and contaminants by inspecting people, luggage, containers, and trucks
- Examining wooden pallets that could hide the larvae of wood-boring insects that would attack native trees or nursery stock
- Ensuring that imported fruits and vegetables are pest-free
- Targeting, detecting and intercepting evidence of “agro-terrorism” (terrorism intended to harm some area of agriculture or the U.S. food supply)
What Are the Consequences of Border Crossing Violations?
Customs and Border Control’s most visible policing operation is border control. The CBP regulates who can enter the United States.
Border crossing violations can often lead to serious consequences. For instance, illegal border crossing can be met with immediate removal from the U.S., and may result in being banned from re-entry (either temporarily or permanently). Those who violate border crossing laws lose important constitutional and procedural rights.
The 100-Mile Border Zone and Your Constitutional Rights
Under federal regulation (8 C.F.R. § 287.1), CBP has expanded authority to operate within 100 air miles of any U.S. external boundary, including coastlines. This zone encompasses approximately two-thirds of the U.S. population, including major cities like New York, Los Angeles, and Houston, and entire states like Florida and Maine.
However, the 100-mile border zone is not a Constitution-free zone. The Constitution continues to apply within the border zone, with only narrow, specific exceptions for immigration enforcement authority. Your fundamental rights remain in effect:
- First Amendment: Freedom of speech, religion, assembly, and the right to record officers
- Fifth Amendment: Right to remain silent and due process protections
- Equal Protection: Officers cannot stop individuals based solely on race or ethnicity
- Warrant Requirement: Searches of homes still require a warrant
- Probable Cause: Vehicle searches at checkpoints and by roving patrols require probable cause
At Fixed Interior Checkpoints: Under United States v. Martinez-Fuerte (1976), agents may stop vehicles briefly and ask about citizenship status without individualized suspicion. However, searching the interior of a vehicle or trunk still requires probable cause or consent.
Roving Patrols: Under United States v. Brignoni-Ponce (1975), stopping a vehicle by a roving patrol requires reasonable suspicion based on specific, articulable facts. The Supreme Court has held that Hispanic appearance alone does not constitute reasonable suspicion.
2025 Legal Development – Noem v. Vasquez Perdomo: On September 8, 2025, the Supreme Court issued a 6-3 ruling lifting a lower court injunction that had limited CBP/ICE “roving patrols.” This decision allows agents to consider additional factors, including location and circumstances, when establishing reasonable suspicion. This has increased the risk of stops within the 100-mile zone, though constitutional protections against purely race-based stops remain in effect. Legal challenges continue.
Electronic Device Searches at the Border
The law regarding searches of electronic devices (cell phones, laptops) at the border remains unsettled. Courts have distinguished between:
- Manual Searches: An officer physically scrolling through your device. Most courts allow this without suspicion at ports of entry.
- Forensic Searches: Connecting your device to equipment to copy data or recover deleted files. The Fourth and Ninth Circuits require reasonable suspicion, while other circuits do not.
The Supreme Court declined to resolve this issue in January 2025 by denying certiorari in United States v. Mendez, leaving a circuit split in place. A traveler’s privacy rights currently depend on their port of entry. Legal professionals are advised to travel with devices containing no sensitive client data or to use cloud storage.
Those who cross illegally also lose the right to adjust their status while in the U.S., even if they are otherwise eligible for adjustment. For example, foreigners who enter the U.S. legally on any kind of visa and then marry U.S. citizens have the right to adjust their status from their temporary visa to U.S. permanent resident just by filing some paperwork (and paying the fees, of course).
They can remain in the U.S. while they wait for their green cards. But those who entered illegally cannot stay in the United States and adjust their status. They will be forced to return to their home country and wait until as many as ten years have passed before they can rejoin their spouse.
In general, those who are here without proper permission are forced to leave the United States and apply for immigration through a U.S. embassy or consulate in their home country. Unfortunately, because those foreigners now have an immigration violation on their record, they may be officially labeled “inadmissible,” and be barred from re-entering the United States for either three or ten years.
They may even be barred for life:
- If they entered the U.S. illegally and stayed less than 180 days, they can obtain a legitimate visa immediately by applying through a U.S. embassy or consulate located in their home country
- If they entered the U.S. illegally and stayed longer than 180 days but less than one year, they must go home and they cannot return to the U.S. for three years
- If they entered the U.S. illegally and stayed longer than one year, they are barred from entering the U.S. for ten years
- If they entered the U.S. illegally, were caught and deported, and then reentered the U.S. again, they are inadmissible from reentering the U.S. for life
Important clarification: Under Matter of Duarte-Gonzalez (BIA 2023) and USCIS Policy Alert PA-2022-15, the three-year and ten-year bars continue to run while a person is in the United States. A person does not need to remain abroad during the bar period.
Once the bar period has elapsed since the triggering departure, the person is no longer inadmissible under INA § 212(a)(9)(B). However, the permanent bar differs. It requires physical presence outside the U.S. for the ten-year period before one can apply for readmission.
The I-601A Provisional Unlawful Presence Waiver remains available for qualifying immediate relatives of U.S. citizens who can demonstrate extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent. However, processing times have significantly increased to 12-20 months or longer as of 2025.
Miranda Rights and Immigration Detention
Immigration proceedings are civil in nature, meaning the full protections of the criminal justice system do not automatically apply. Miranda warnings (“You have the right to remain silent…”) are only required when an individual is in custody and subject to interrogation regarding a criminal offense (not for civil immigration questions).
However, you always have the right to remain silent and the right to an attorney. If you are detained, you may state: “I wish to remain silent” and “I want to speak with a lawyer.” Immigration regulations require officers to inform detained noncitizens of the reason for arrest, that statements may be used against them, and their right to an attorney (at their own expense).
Expedited Removal and Recent Policy Changes
Expedited Removal allows immigration officers to order deportation without a hearing before an Immigration Judge. On January 21, 2025, the Department of Homeland Security expanded this authority significantly:
- Geographic Scope: Now applies anywhere in the United States (previously limited to 100 miles from the border)
- Time Period: Applies to those present for less than 2 years (previously 14 days)
- Burden of Proof: The individual must prove they have been present for 2+ years to avoid summary removal
On November 23, 2025, the D.C. Circuit Court blocked this expansion, finding likely due process violations. The appeal is pending. The only statutory exception to Expedited Removal is if an individual expresses fear of persecution or torture, triggering a Credible Fear Interview with an Asylum Officer.
Because of the shifted burden of proof, undocumented residents are advised to maintain documentation proving their presence in the U.S. for at least two years, including bank statements, medical records, leases, employment records, and dated photographs.
Additional 2025 Policy Changes
Several significant policy changes have occurred since January 2025:
- CBP One App Termination: The CBP One mobile application, used by asylum seekers to schedule appointments at ports of entry, was terminated on January 20, 2025.
- Parole Program Terminations: The CHNV (Cuba, Haiti, Nicaragua, Venezuela) parole programs were terminated on March 25, 2025, affecting approximately 532,000 individuals. Family Reunification Parole programs were terminated on December 15, 2025.
- Laken Riley Act: Signed January 29, 2025, this law mandates detention of noncitizens arrested or charged with theft, burglary, larceny, shoplifting, assault on police officers, or crimes causing death or serious injury.
- REAL ID Enforcement: As of May 7, 2025, REAL ID requirements are strictly enforced for domestic air travel. Travelers must present a REAL ID-compliant license (marked with a star) or an acceptable federal alternative such as a U.S. passport.
- Travel Restrictions: New travel restrictions have been imposed on nationals from multiple countries under Proclamations 10949 and 10998.
Criticism of Customs and Border Patrol Actions and Policies
There has been much criticism of the way the CBP handles U.S.–Mexico border crossing issues. It is alleged that CBP officers frequently misinterpret or even disregard the limits of their authority, resulting in harm to the health of the migrants:
- Despite the policies contained in CBP’s “Use of Force Policy, Guidelines and Procedures Handbook,” migrants are being injured and killed as a result of CBP’s enforcement activities
- Hundreds of men, women and children die in their attempt to cross into the U.S. from Mexico. There are many volunteers who provide lifesaving water, food, and other humanitarian aid to those who are crossing the desert. The CBP arrests the volunteers and brings federal charges against them, intending to use them as examples in order to discourage others from providing desperately needed humanitarian assistance
- CBP officers have been documented destroying jugs of water and other provisions left in the open desert for those who are trying to cross
- CBP officers have used medical personnel to conduct body searches without obtaining the consent of the migrant and without a search warrant
In February 2023, DHS revised its Use of Force Policy to prohibit chokeholds and carotid restraints unless deadly force is authorized, require less-lethal training at least every two years, mandate participation in the FBI’s National Use of Force Data Collection, and add decision-making and implicit bias training requirements.
2025 Incidents: In November 2025, CBP agents entered the “Byrd Camp,” a medical aid station operated by the humanitarian group No More Deaths in Arizona, reportedly without a warrant, and arrested three individuals receiving care. This marked a departure from previous policies treating medical facilities as “sensitive locations.” Additionally, a federal judge issued a 233-page ruling in November 2025 finding “widespread misrepresentations” by DHS about use of force during immigration operations in Chicago (Operation Midway Blitz), imposing strict restrictions on force and finding that government conduct “shocks the conscience.”
DHS Office of Inspector General reports in 2025 found CBP holding detainees longer than the 72-hour limit in violation of standards, with data integrity issues and facility compliance problems. The No More Deaths Border Death Database, released in August 2025, documents significantly more migrant deaths than CBP’s official count.
Recent Court Decisions (2024-2026)
Several significant court decisions have shaped immigration enforcement:
- Trump v. CASA, Inc. (June 2025): The Supreme Court ruled 6-3 that federal district courts cannot issue nationwide injunctions blocking executive orders, significantly limiting courts’ ability to block immigration policies on a universal basis.
- Noem v. Vasquez Perdomo (September 2025): The Supreme Court ruled 6-3 to allow expanded CBP/ICE roving patrol operations.
- Birthright Citizenship: The Supreme Court granted certiorari in Barbara v. Trump (December 2025) regarding Executive Order 14160. Multiple district courts blocked this order in early 2025; oral arguments are expected in spring 2026.
- CHIRLA v. Noem: A court found the government’s application of expedited removal to parolees was contrary to statute, protecting approximately 2 million people who entered via humanitarian parole.
- California Border Patrol Operations: An April 2025 injunction forbids Border Patrol from conducting warrantless immigration stops throughout California without reasonable suspicion.
According to litigation trackers, hundreds of cases are currently challenging immigration enforcement policies, with courts blocking or temporarily blocking government action in numerous cases.
Do I Need a Lawyer for Customs and Border Protection Issues?
Violating U.S. border laws can lead to serious consequences, including arrest, detention and deportation. It is critical that you know what specific consequences you will face given your personal situation, and correct any mistake made by CBP in adjudicating your banishment.
You may wish to hire an immigration lawyer if you have any issues or legal concerns regarding border protection laws. Your lawyer can explain your rights to you and can inform you of which legal options to pursue. Also, your attorney can represent you if you need to attend a hearing before a Customs and Border Protection judge or panel.
