"Shut the f*ck up" — that's what civil rights lawyers want you to remember if you're stopped by border agents.
It's exactly what Hasan Piker, a U.S.-born progressive political commentator, didn't do last week when was stopped at Chicago O'Hare airport while returning from France.
Despite carrying a U.S. passport, CBP agents led Piker to a private room where they questioned him for nearly two hours about his views on Trump, Israel, and Hamas. As reported in The Guardian, this happened despite Piker being enrolled in the global entry program, which typically speeds up travel. The incident ended only after Piker specifically asked if he was being detained.
His decision to answer questions drew immediate backlash from viewers, who flooded his chat with warnings like "DONT YAP TO COPS" and "Bro get a lawyer next time dawg," as reported in The Guardian.
Tech blogger Mike Masnick criticized Piker for giving his fans "a masterclass in what not to do when detained by CBP," noting that his response was "potentially even more dangerous" than CBP's behavior because it teaches followers they can "talk their way through it."
Piker's audience also shared this three-year old video from The National Lawyers Guild on what to do and what not to do when you are questioned or stopped by authorities:
The PSA-style clip features longtime civil rights attorneys Bill Goodman and Denise Heberle, gray-haired and respectable looking, sitting behind a silver tea service like a pair of friendly antifa grandparents delivering important legal advice to the next generation if they find themselves in the custody of law enforcement: "There's one thing that hasn't changed over 50 years, something that is so important to tell you kids that are new to this movement: shut the fuck up."
Reports of interrogations and device searches at CBP entry points are up. In March, a French scholar wasn't allowed into the United States after CBP searched his phone and found anti-Trump messages on it. Others are being denied entry for espousing pro-Palestinian opinions.
Ría Thompson-Washington, president of the National Lawyers Guild, told The Guardian that remaining silent is important: "When you're in police custody, the things that you say that you think are proving you right – the things that you say that you think are disproving whatever narrative the police have told you that they're running with – it's just used against you later."
When an office approaches you, ask ""Am I being detained?" says Thompson-Washington. If the officer says no, walk away without speaking. If they say yes, ask for a lawyer and stop speaking.
"When you ask that question, it lets the police officer know that you're aware that you don't have to say anything," they said. "You're signaling to the officer that you've at least had training." And indeed, Piker said that he was finally allowed to leave shortly after he asked whether he was being detained – after about two hours of questioning. "I probably should have asked, 'Am I being detained?' from the start," he said on the stream.
Other important points from The Guardian piece:
- Understand limited constitutional protections at the border: The first, fourth, and fifth amendments don't fully apply. The government has broader authority to prevent certain people and items from entering the country.
- Baggage searches are permitted: CBP can search your luggage without a warrant or specific suspicion when you re-enter the U.S.—something not allowed elsewhere in the country.
- CBP can verify basic information: They're allowed to confirm your citizenship and ask about your travel and belongings.
- Know your rights on personal questions: Questions about political or religious beliefs, associations, or other first amendment-protected areas are inappropriate and don't require an answer.
- Device searches have limits: CBP can conduct manual searches of your devices. However, they can't force you to give up your passcode. Disable biometric access to your devices before travel to stay secure.
- Be aware of potential overreach: CBP has been accused of asking invasive questions about religion, politics, and personal associations, especially targeting Muslim Americans and journalists. The ACLU is actively challenging these practices.
Nathan Freed Wessler, deputy director of the ACLU's Speech, Privacy and Technology project told The Guardian that the less you tell CBP agents, the better. Anything you say will added to "an indelible record" that could then be shared with other government agencies, who might use it to inform who is included on government watchlists or for other intelligence-gathering activities. "
Previously:
• Two German teen girls discover America's new tourist attraction: detention centers
