What to do you’re detained at customs: What experts are saying on social media and beyond

Not all constitutional protections apply to U.S. citizens while going through Customs and Border Patrol, but U.S. citizens cannot be denied access into the country for any reason.

A video from an immigration lawyer offering advice on what rights U.S. citizens and visa holders have if stopped by customs at airports is going viral on TikTok, racking up more than 8 million views.

The post from New York-based immigration lawyer Brad Bernstein comes on the heels of accounts from TikTok users who say they are American citizens but were detained for hours and had their phones or luggage searched when entering the country. The videos — and the details Twitch streamer Hasan Piker shared about being stopped and questioned at Chicago O’Hare International Airport — have many wondering what to do and what rights they have if they are detained by U.S. customs officials.

Bernstein said one of the biggest questions he hears is whether all constitutional rights are protected during CBP screenings.

“The Supreme Court has ruled that the Constitution doesn’t apply until you’ve entered the United States of America,” Bernstein said. “And although you’re physically in the United States at an airport, you’re not considered to have entered the United States under immigration law until you pass through immigration and customs.”

NBC News legal analyst Danny Cevallos explained that the Supreme Court has held “that routine searches at the border do not require a warrant, probable cause, or even reasonable suspicion, due to the government’s inherent sovereign interest in protecting its territorial integrity.”