If a US citizen shows up at the US border with no US passport, are immigration officials obligated to help them prove their identity?

(Note: this is US-specific but if other countries have similar laws it would be interesting to hear the analogous situations as well)

I know that the law states that US citizens have the right to enter the US based on their status as a citizen alone, not on on their possession of a passport; that is, it is illegal to deny entry to a US citizen simply because they don't have their passport.

So for example, if an American shows up to a US border without their passport but with a driver's license or some other form of ID, it might be a more laborious process, but they will be let in once their identity can be proved.

However, what if hypothetically, someone who claims to be a US citizen shows up with nothing at all? Are immigration officials obligated to do everything they possibly can (e.g. going to that person's house to get their ID, summoning their acquaintances for interview; I'm honestly not sure what else ...) to help the person prove their identity, or in that case are they allowed to turn them away?

usa customs-and-immigration

Best Answer

They're not legally obliged to help, but if the person claims US citizenship and the immigration officer is not convinced, the immigration officer does not have discretion to refuse entry: the person claiming US citizenship must be brought before an immigration judge, who must decide whether the person is a US citizen.

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Can a U.S. citizen be denied entry without a passport?

""A United States citizen traveling back to the U.S. by land cannot be denied entry to the U.S. The U.S. will not refuse entry to a U.S. citizen; even one without a passport or other valid travel document.

How can I prove my citizenship without a passport?

Early public or private documents

Baptism certificate.

Hospital birth certificate (often shows baby's footprints)

U.S. Census record.

Early school records.

Family Bible record.

Doctor's records of post-natal care.

Can a U.S. citizen be denied entry into the US?

Note that U.S. citizens cannot be denied entry to the U.S. for any reason, including for refusing to produce passwords, provide device access, or submit electronic devices for a search.

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