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This question concerns United States Border Patrol interior checkpoints. These checkpoints are located away from the external border, but within 100 miles of it, at which traffic may be stopped in order to check the immigration status of the occupants.

Noting 18 USC 1001 (see my related question for more information), I wonder how a dual citizen should react when faced with one of the usual questions asked by border patrol officers at these checkpoints:

  1. Are you a US citizen?

    • For a person who is a citizen of the United States and at least one other country, is it okay simply to answer yes?
    • For a person who is a citizen of multiple countries, not including the United States, is it okay simply to answer no?

  2. What country are you a citizen of?

    • Is it necessary to disclose all countries of citizenship when responding to the second question? Does it matter if one of those countries is the US?
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phoog
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2 Answers2

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  1. Yes. A multi-nation citizen who has US citizenship has equal US citizenship with every other citizen; therefore the answer to this binary question is "Yes". The citizenship(s) of anyone who does not have US citizenship is irrelevant to this question; thus, the answer to this binary question is "No".

  2. Yes. The main point here is to determine if you have the relevant documents and permissions to be legally present in the US. If you are a US citizen, a) this makes the process easier for you and b) avoids any possible issues if evidence is found of citizenship from another country, which will make immigration think that A) you are not a US citizen and b) you lied to them. Most people have only a single citizenship. That is the default mindset of immigration. There's no downside for you to inform them; there may be additional difficulties, delays, and scrutiny if you do not.

    If you are not a US citizen, most of the same applies. Additionally, lying (even by omission) can be grounds to have your legal status revoked.

In summary, if you have the legal right to be in the US (e.g. US citizen, legal resident) being fully honest cannot hurt you, and can make the process smoother. If you have legal permission to be in the US, being fully honest will help prevent that permission from being revoked.

sharur
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    Thanks for your answer. As I understand it, if you claim to be a US citizen, the officer needs reasonable suspicion that you are not before you can be required to show your documents. In other words, the vast majority of US citizens should not be asked for "relevant documents." If a dual citizen is more likely to arouse suspicion, then requiring him or her to mention the non-US citizenship could put that person at a disadvantage. – phoog Apr 14 '16 at 21:55
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    I have to object to your phrase "being fully honest". There is a huge difference between being honest and being cooperative: resisting authority is not dishonest. See Bronston v. US 409 US 352. – user6726 Apr 14 '16 at 22:10
  • @user6726 it seems to me that this answer is written from the point of view of someone who does not wish to resist authority (which, in fact, could be said of the question as well, though it was intended to be more or less neutral on that score). – phoog Apr 14 '16 at 23:31
  • @phoog: I'll trust you on that; it seems reasonable (although why that standard would be lower for a dual citizen, or why being a dual citizen is more suspicious is beyond me). Also, in terms of "relevant documents" a drivers license should suffice(it got me onto a military base), and if one is operating the motor vehicle one must have one. In CA, at least, one operating a motor vehicle must present it to law enforcement upon request (it was a bit that you had to sign and agree to in the license application form). – sharur Apr 15 '16 at 16:47
  • @user6726: As phoog says, it is written from the view of someone who thinks resisting authority is not helpful. While I agree with your point, the distinction is that I see a legal point of order not helpful here: It'll be useful if you are in deportation court, but the idea of the guide is to minimize the chance of being detained for longer than need be. – sharur Apr 15 '16 at 16:51
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    @sharur a dual citizen shouldn't be more suspicious, but I've read more than one thing that suggests that Border Patrol officers get incorrect or at best oversimplified training on immigration law. I've heard more than one story, too, of immigration officers telling US citizens that they're not allowed to have another nationality. Surely immigration officers should be better trained than Border Patrol officers. DL says nothing about immigration status (mine is from NY, not Real ID compliant). – phoog Apr 15 '16 at 17:55
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    @phoog: I agree both border patrol agents and immigration officers should have a better knowledge of immigration law. As for the DL, you are incorrect. http://www.dmv.org/ny-new-york/apply-license.php. One needs to prove legal residency to get a drivers's license (the actual legal rights, not the card). Real ID applies to the physical card itself. So the driver's license is in fact proof of legal residency (though not actual citizenship) as you have to have been a legal resident to get one. Based on the evidence you present, however, explaining that to the person checking might be difficult. – sharur Apr 15 '16 at 21:27
  • @phoog: Which raises the question, what documentation do they want as proof from a US citizen? – sharur Apr 15 '16 at 21:28
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    @sharur I don't see on the dmv page where it says you have to prove immigration status. The stuff claiming to be for non-citizens is actually for people who hold foreign DLs, who could be US citizens. The page is very poorly put together. To get an NY license, you have to be a resident of NY and you need to have an SSN, but that doesn't necessarily imply valid immigration status. – phoog Apr 15 '16 at 23:07
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    @phoog: Sorry for the confusion (I was basing it on my memories of getting a license). To get a Drivers Licence, you first need a Driver's Permit. To get a permit, you need a total of 6 points(from above) in documents from this list https://dmv.ny.gov/forms/id44.pdf. Also, it doesn't prove immigration status, it proves legal residency. Related but different. If I go to the UK for a 3 month vacation, I would have legal residency, the legal right to be in the UK, but it would not give me any immigration status. Apologies if I was unclear. – sharur Apr 15 '16 at 23:34
  • Let us continue this discussion in chat. – phoog Apr 16 '16 at 02:46
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    @sharur legal residency for the purpose of licensing does not necessarily imply that one is in the country legally. – phoog Apr 20 '16 at 13:32
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You shouldn't have any problems or worries if you are lawfully in the US. A US Citizen (and dual nationals) should just state their US Citizenship unless asked for more info (which probably won't happen).

Non-US Citizens should be honest and be able to state what their lawful status in the US is based on.

Note: a non-US Citizen should never claim to be a US Citizen. This can result in removal (deportation) and a permanent bar to reentering the US.

feetwet
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John Khosravi
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  • Thanks for your answer. Do you have any basis for your assertion that dual-national US citizens should not mention their other nationality unless asked? Why wouldn't this count as concealment of a material fact? Also, you don't address the question of whether non-US dual nationals should disclose all nationalities or just one. (Also, with reference to your first sentence, is it possible for a US citizen to be unlawfully in the US?) – phoog Apr 12 '16 at 14:12
  • When questioned about an foreign alien's presence in the US, the dual nationality is not usually an issue. The question is about their lawful status (visa) that allows them to be in the US. I think you are worrying yourself too much about this issue. Unless you are charged with a crime, this process is very informal. Also, a US citizen has a lawful right to be in the US – John Khosravi Apr 13 '16 at 18:37
  • Thanks again for your response. I'm not particularly worried about it; it's more of an academic/theoretical interest. What I am worried about is my wife, who is in the US on a G-4 visa and will not carry her passport with her for fear of losing it; I worry that she might run afoul of 8 U.S.C. §1304 (e). But that is another question that I may ask separately. – phoog Apr 13 '16 at 19:02