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Even though you always have the right to remain silent, if you don’t answer questions to establish your citizenship, officials may detain you longer in order to verify your immigration status.The two go back and forth more before she asks: 'So if I just come through and say, "Yes, I’m a citizen," I can just go ahead?
When Shane Parmely and her family were stopped by Border Patrol, she was asked if she was a US citizen, but refused to answer.He responds: 'You are being detained, ma'am.' He eventually pulls a card out of his wallet with information about immigration law and the Supreme Court case United States v. The 1976 decision allowed US Border Patrol to set up checkpoints within 100 miles of the Mexican border, which are not a violation of the Fourth Amendment.Border Patrol may stop vehicles at certain checkpoints to: (1) ask a few, limited questions to verify citizenship of the vehicles’ occupants and (2) visually inspect the exterior of a vehicle.The incident was filmed by passengers in the car with her and Parmely, who teaches English, art and theater, posted a series of the videos to Facebook.She told the officers she didn't think she had to answer their questions and after some back and forth, an agent told her she was being detained.''If the agent is justified by the answer, then yes,' he responded.'So if I have an accent, and I’m brown, can I just say, "Yes," and go ahead or do I have to prove it?
'I have a bunch of teacher friends who are sick of their kids being discriminated against,' she said.
A different agent later escorted him to the bathroom.
Parmely was eventually let go without having to answer the agents' questions.
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Agents may send any vehicle to a secondary inspection area for the same purpose: brief questioning and visual inspection.