Hot answers tagged

36 votes
Accepted

Are these unsolicited seed packages illegal?

Reports I've seen are that these seed shipments have false customs declarations, claiming that they contain something else, e.g. this one which was declared as "ring". That would violate 18 ...
Nate Eldredge's user avatar
20 votes
Accepted

Would it be legal to erase, disable, or destroy your phone when a CBP agent attempted to seize it?

This is going to depend on what you think or know is on the phone, why you want to keep it undisclosed, and why the officer says s/he wants it. If one knows or has good reason to think that there is ...
David Siegel's user avatar
17 votes

What does it mean if your apartment is in two cities at once

The location of your residence entrance is irrelevant for the law, what matters most is your "street address", i.e. mailing address. That is the address (therefore city) that you use for voter ...
user6726's user avatar
  • 215k
15 votes

Are these unsolicited seed packages illegal?

We have an intersection of two very different effects. Agricultural import laws This is an area of law that normally, consumers have no reason to deal with. However the laws apply to absolutely ...
Harper - Reinstate Monica's user avatar
10 votes
Accepted

In USA, does private property go right up to the international border?

Or is there a strip of land there which is national land reserved for border patrol purposes? There is a six-meter wide "border vista" under the authority of the International Boundary Commission. (...
Michael Hardy's user avatar
9 votes

International Turkey Hunt

I cannot prove a negative, but I am going to go out on a limb and say that there is no Minnesota law preventing Juan from reaching out from the US side and grabbing his bird from Canada. (you didn't ...
Michael Hall's user avatar
  • 4,263
8 votes

Can US citizens be denied entry to the US?

Citizens likely have an absolute right to enter the US. This hasn't been addressed directly by the Supreme Court, but here are some cases that come close. The Fifth Circuit, in William Worthy, Jr. v. ...
K-C's user avatar
  • 4,024
6 votes

How legal is the current handling of refugees in germany?

I understand that you are wondering why illegal immigrants are not more often deported by the authorities. This answer has grown a bit out of proportion because I also try to explore the general ...
Peter - Reinstate Monica's user avatar
5 votes
Accepted

Why does the CBP border zone nearly touch Reno, Nevada?

The immediate explanation is the substantial eastward jog created by Suisun and Grizzly Bay. This would follow from 33 CFR 2.20, defining the territorial sea baseline, following the Convention on the ...
user6726's user avatar
  • 215k
4 votes
Accepted

Can someone who owns property on the border prevent/delay government related construction?

Could this actually prevent the construction of something (i.e a wall) from being built, or perhaps delay the process? It could not prevent the construction of a wall from being built. It could ...
ohwilleke's user avatar
  • 206k
4 votes

Can you refuse to show ID and give information to Border Patrol agents when not at a international border?

tl;dr According to the ACLU, who are experts on this… yes, it is perfectly legal for you to refuse to provide documentation or ID to border patrol, and your refusal cannot be used as a basis for ...
Dan Lenski's user avatar
4 votes

Is this a case of improper entry into the US?

There is a legal concept of de minimis: the idea that some offenses, civil or criminal, are too small to be worth prosecuting. For example, a photograph of a city scene that incidentally captured ...
Mark's user avatar
  • 6,154
4 votes
Accepted

US laws requiring US citizens to enter the country at designated border crossings

Yes for individuals, and yes for vehicles. They're customs laws rather than immigration laws.
cpast's user avatar
  • 23.8k
4 votes

How can I inquire about some one else's border crossing history in Canada?

Without this person's consent, you can't. https://www.cbsa-asfc.gc.ca/agency-agence/reports-rapports/pia-efvp/atip-aiprp/req-dem-info-eng.html Requests for personal information that is not the ...
Nate Eldredge's user avatar
4 votes
Accepted

Is it illegal to enter illegally one's own country?

It may very well be illegal, depending on the laws of the country. Most people have the right to enter their own country (except for practical problems, like not being able to prove you have the right)...
gnasher729's user avatar
  • 33.4k
4 votes

Filing a complaint against USBP officials

You don't need any legal precedent to start a complaint process. You can just file a complaint through the CBP's system.
bdb484's user avatar
  • 58.3k
4 votes

Would it be legal to erase, disable, or destroy your phone when a CBP agent attempted to seize it?

As the other commenters established, your criminal liability depends on whether the contents of the phone are, or may be deemed to be 'evidence'. But the border guard is not (usually) acting in ...
heywebrokeyalinuxagain's user avatar
3 votes
Accepted

Extradite or deport a criminal while there is no treaty between the two countries of Iran and Canada

Promoting the comment to an answer based on the feedback. Canada is not going to extradite him but they may deport him if he committed any immigration fraud. Typically applications for Visa or Work ...
Hilmar's user avatar
  • 1,323
3 votes

Can I be prosecuted for smuggling as long as I honestly declare everything I'm bringing?

You don't get do-overs at the border The instant they catch you, they can charge you with absolutely anything that applies. They apply the laws which apply in their country. It's easy to forget ...
Harper - Reinstate Monica's user avatar
3 votes

Can I be prosecuted for smuggling as long as I honestly declare everything I'm bringing?

If I attempt to carry such a product into the country, but then honestly declare it at the border (I would like to declare 10 kg of marijuana, sir), can I be prosecuted for attempted smuggling? This ...
phoog's user avatar
  • 36.9k
3 votes

Who has jurisdiction if a crime is committed across an international border?

The US has jurisdiction because you committed a crime in the US. Canada has jurisdiction because you committed a crime in Canada. As added complications, if you are a Mexican citizen then Mexico has ...
Dale M's user avatar
  • 205k
3 votes

What does it mean if your apartment is in two cities at once

That's a fascinating circumstance, but I would say it has limited bearing on you as a tenant, except for a couple of issues. I say this because landlord-tenant laws in most U.S. jurisdictions are a ...
Eric Rainey's user avatar
3 votes

Are there any international laws or rules for returning a dead body after a cross-border killing?

The question starts with a wrong statement, that international law does not allow the use of force against unarmed border violators. It does. There are human rights involved, and any one border policy ...
o.m.'s user avatar
  • 17.1k
3 votes
Accepted

Can Texas jail illegal border crossers?

This letter from the governor says what happened, at the level of "the state". First, this all relates to a series of proclamations, saying that the surge of individuals unlawfully crossing ...
user6726's user avatar
  • 215k
3 votes

Can it be illegal to have/use a "wipe data" login on your device?

canada If this is done with the specific intention of obstructing justice (see R. c. Charbonneau, 1992 CanLII 2979 (QCCA)), then this is an offence contrary to s. 139(2) of the Criminal Code. The ...
Jen's user avatar
  • 51.9k
3 votes

Can it be illegal to have/use a "wipe data" login on your device?

Using it may be a crime Having it is fine australia There is a similar crime in all jurisdictions which in new-south-wales is called Tampering etc with evidence under s317 of the Crimes Act 1900. To ...
Dale M's user avatar
  • 205k
3 votes

Legality of the Border Tunnels

Clearly it's not legal to violate a sovereign nation's territory, and territory extends into both ground and air. "International law" depends on treaties and agreements between countries, or ...
Tiger Guy's user avatar
  • 6,334
2 votes
Accepted

In which circumstances can law enforcement of one country cross the border of another one?

Let's start with the basic rule on pursuits. The law enforcement officers of one country have no authority to even enter another country, let alone pursue someone (which often involves very dangerous ...
cpast's user avatar
  • 23.8k
2 votes
Accepted

Can non-US citizens challenge US border entry refusal?

For most grounds of inadmissibility, most nonimmigrants are actually entitled to a hearing before an immigration judge before being removed from the US. See 8 CFR 235.3(b)(3): (3) Additional charges ...
phoog's user avatar
  • 36.9k
2 votes

Can non-US citizens challenge US border entry refusal?

The short answer is "no." The executive branch has broad discretionary authority to make a border entry refusal even if someone's paperwork is in order under immigration law. I don't have the ...
ohwilleke's user avatar
  • 206k

Only top scored, non community-wiki answers of a minimum length are eligible