Arrests, detentions and “excessive searches” by border agents have spiked amid heightened tensions between the U.S. and Canada, leaving many of the thousands of people who cross Maine’s border with Canada each day wondering what to do if stopped or questioned at the border.

Canadian students and others with proper documentation have reportedly been subject to intense screening. Others detained in Maine by Border Patrol have been shuffled through jails in and out of the state. Border officials have notched record-high arrests, detaining more people in Maine so far this year than in all of 2024.

Immigration and customs agents have enhanced — but not unilateral — authority at U.S. ports of entry, including the 24 in Maine that straddle the northern border.

As the Trump administration has expanded immigration crackdowns and deportation efforts to Democratic-led areas, some worry Maine’s 600 mile border with Canada will be used as another way to target the state.

Federal immigration officials say only those breaking the law need to worry. But civil rights lawyers and experts say all travelers should be prepared when traversing the border.

“It matters where you’re stopped, who stops you and why,” said Carol Garvan, legal director for the American Civil Liberties Union of Maine. “All your rights flow through that.”

Q: What are my rights at the border? Do they differ from my rights on U.S. soil?

Many, but not all, individual rights are the same at ports of entry or border crossings. Some depend on your citizenship status.

U.S. citizens cannot be denied entry to the country for any reason. For visa holders and legal permanent residents, the answer differs.

Miranda rights, which include the right to remain silent and consult with a lawyer, apply for all when traveling in or out of the country. U.S. citizens may be delayed but not denied by invoking their Miranda rights.

While the Fourth Amendment protects against unreasonable searches and seizures on U.S. soil, court rulings have allowed border agents to search property without reasonable suspicion or a warrant. Agents are not allowed to profile people based on protected classes like race, sex, or religion.

Visa holders and legal residents can be denied entry for refusing to answer agents’ questions, previous immigration offenses, security concerns and a myriad of other reasons.

Q: What should I expect when traveling to or re-entering Maine?

U.S. Customs and Border Protection will likely inquire about your legal status, travel plans and residency.

Agents are allowed to ask personal questions, including about your political beliefs and personal history. You are allowed to refuse such questions and remain silent.

The only questions you absolutely must answer, Garvan says, are about your identity and citizenship.

“If you feel you’re being asked invasive, improper questions, you can say ‘I’d like to speak to a supervisor,'” Garvan said. “Even though they can ask you additional questions, there are limits on that.”

Border agents are allowed to search property at border crossings without a warrant, including vehicles and luggage.

Q: Can I be arrested or detained?

Yes. Border Patrol agents are allowed to make arrests within a 100-mile radius of all international borders, which includes all of Maine.

More people have been arrested in Maine by Border Patrol this year so far than in all of 2024 as the agency moves to “target criminal aliens for arrest, prosecution and removal,” Houlton Sector Acting Chief Patrol Agent Craig Shepley said in a written statement last month.

Many arrests made by the agency, however, do not happen at border crossings as U.S. Customs and Border Protection is also tasked with enforcing immigration violations within the “100-mile zone.”

Border Patrol seldom makes arrests outside ports of entry without probable cause, though Maine law specifies federal agents “may, but are not required to, enforce state law.

Q: Are Border Patrol and ICE the same thing?

No. While both are agencies within the Department of Homeland Security that enforce immigration law, the two have differing scopes and jurisdictions.

Border Patrol’s jurisdiction is largely restricted to the U.S.’ ports of entry, the country’s international borders and the area surrounding them.

In addition to immigration offenses, the agency also combats drug, animal and human trafficking. Border Patrol is allowed to set up checkpoints and employ roving officers within 100 miles of U.S. international borders.

Immigration and Customs Enforcement, or ICE, focuses on immigration enforcement more broadly. The agency has jurisdiction over the entire country and oversees most deportation, removal and interior enforcement efforts.

Q: Can border agents search my phone?

Yes. U.S. Customs and Border Patrol has the authority to search electronic devices without probable cause, but with some caveats.

Both citizens and legal permanent residents may refuse to give agents computer passwords or unlock their phones. But agents are also allowed to confiscate their phone afterwards, Garvan said.

“If you’re going to be crossing the border, think a lot about your electronic devices and try to minimize the risk in advance,” she said.

Garvan advised turning off biometric passcodes like facial scans or thumbprints, as courts have previously ruled that law enforcement officers can use them to unlock devices without consent and sometimes by force.

Devices locked with numeric passcodes or typed passwords, however, can only be unlocked with their owner’s permission.

Regardless, refusing access to your electronic devices is not grounds for agents to deny entry into the U.S.

Q: What should I do if border agents stop me or if I witness an encounter?

The most important things, Garvan says, are to stay calm and never give false information.

Note the agency and take down officers’ names and badge numbers. Is it Border Patrol, ICE, or local police? Each has differing scopes of responsibility and authority.

Remember that you have a right to consult with an attorney at all times, even if being questioned at the border.

Bystanders and those in the interaction have the right to record all interactions with law enforcement, including border agents, both on video and by audio. Doing so can provide documentation and evidence in legal proceedings if needed.