What Happens if You Get Denied Entry at a Border: Your Rights and Responsibilities

Travelling to a new destination can be exciting, but the unexpected can happen. If you are denied entry into a country at a border, what happens next depends on a variety of factors, including the reason for the denial and your citizenship status. In this article, we will explore the potential scenarios and your rights and responsibilities in such a situation.

Responsibility of the Previous Receiving Country

When you are denied entry into a country at a border, the country that previously admitted you would be obligated to take you back. This obligation arises because the country initially accepted you as a lawful entrant or visitor. However, it's important to note that the previous country's willingness to take you back may depend on your individual circumstances.

Potential Reasons for Denial

The country that refused you entry might have a legitimate reason for doing so. This could include a criminal history that wasn't uncovered by the previous country, or it could be as simple as a fraudulent travel document. In such cases, the previous country might not be eager to accept you back, as they now suspect that there might be some issues with your identity or background.

Detention and Deportation

If a previous country decides to take you back, they are likely to detain you for the purpose of deportation. This means they will more than likely detain you until they can arrange for a plane to take you back to your home country. The method of deportation will be as expedient as possible, typically involving the use of the most direct and cost-effective means.

Financial Responsibility

The question of whether you will have to pay for your deportation is context-dependent. If you have the means, the country might insist that you pay for your return. For instance, if you arrived by air, the airline that initially allowed you to board in the previous country is likely to be involved. They may be compelled to place you on a repatriation flight and charge you for the service.

Asylum Seekers and the U.S.

However, it's worth noting that if you are an asylum seeker and you are in the U.S., there might be different considerations. The United States is known for its robust asylum system, but even in such cases, the process can be long and challenging. It's crucial to seek legal advice and assistance if you plan to seek asylum.

International Citizenship and Right to Return

Generally, it is not possible to completely lose your citizenship. All countries retain the right to their citizens, and the country that refused your entry would be legally obligated to send you back to your home country. This is a fundamental principle in international law.

Theoretical Scenario: No Citizenship

The Tom Hanks movie The Terminal imagines the scenario where a traveler no longer has any citizenship. This is a highly unlikely situation, but it illustrates the principle that countries will not leave citizens stranded without a way home. In reality, you would still be expected to return to your home country, even if you have no legal right to remain there.

Example Incident

A recent incident involving a British citizen traveling from Mexico to the U.S. provides a real-world example of what can happen if you get denied entry at a border. The individual was denied entry, and the U.S. Border Patrol made arrangements to send them back to Mexico, where they would be responsible for the cost of their return flight.

Conclusion

Getting denied entry at a border is a potentially stressful situation, but understanding the legal and practical implications can help you navigate the process more effectively. Always be honest and cooperative with immigration officials, and seek legal advice if needed. Remember, your rights and responsibilities as a traveler are governed by international law, which aims to balance security and human rights.