For families in Laredo, Eagle Pass, Del Rio and the rest of South and West Texas, Border Patrol checkpoints are part of the drive to almost anywhere north. A trip to San Antonio for a doctor’s appointment, a holiday visit to relatives or a job in the Permian Basin can mean a stop, a few questions and sometimes much more. Checkpoints sit on highways thousands of Texans drive every day, and knowing your rights before you reach one matters.
This guide explains what checkpoints are, what agents can and cannot do and what happens if someone is detained. It was written by Lozano Law Firm, whose managing attorney, Alfredo Lozano, is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. Our team defends border families from offices in Eagle Pass, San Antonio and San Angelo.
What Border Patrol Checkpoints Are
Border Patrol runs permanent checkpoints on major highways leading north from the border, generally within about 100 miles of it. Unlike a port of entry, a checkpoint is inside the United States. Every vehicle passing through can be stopped and asked about the citizenship and immigration status of the people inside.
In South and West Texas, permanent checkpoints include I-35 north of Laredo, US-281 near Falfurrias, US-77 near Sarita, US-90 in Uvalde County, highways leading north from Eagle Pass and Del Rio and I-10 near Sierra Blanca. Locations can change, and Border Patrol also sets up temporary checkpoints.
Before You Drive North
- Carry the documents you have: a green card, passport, work permit or receipt notices.
- Bring proof of citizenship for U.S. citizen children, such as a passport or birth certificate.
- Memorize a family phone number and your lawyer’s number.
- Know your rights before you reach the checkpoint, not during the stop.
- If you have no status or a pending case, talk to a lawyer before any trip that passes a checkpoint.
What Agents Can Do
- Stop you briefly without suspicion. The Supreme Court has upheld short stops at fixed checkpoints for immigration questions.
- Ask about citizenship and status. Questions are usually short: Are you a U.S. citizen? Where are you going?
- Send you to secondary inspection for more questions, even without suspicion.
- Look at anything in plain view and use trained dogs to sniff the outside of your vehicle.
- Ask for documents. Noncitizens 18 and older who have registration documents, such as a green card, are required to carry them.
What Agents Generally Cannot Do
- Search the inside of your vehicle without consent or probable cause. You can say clearly and calmly that you do not consent to a search.
- Hold you for an unreasonable time without a reason that goes beyond the routine questions.
- Force you to sign documents. You can ask to speak with a lawyer before signing anything.
Your Rights, in Practice
You have the right to remain silent, though staying silent may make the stop longer. U.S. citizens do not have to carry proof of citizenship, but carrying a passport or other ID can make the stop simpler. Whatever you decide, never lie about your citizenship and never show false documents. A false claim to U.S. citizenship can make a person permanently inadmissible, which is far worse than any delay at a checkpoint.
Stay calm, keep your hands visible and do not physically resist, even if you believe the agents are wrong. If something feels unlawful, remember the agents’ names or badge numbers and write down what happened as soon as you can.
Traveling With Children
Agents may ask about every person in the vehicle, including children. Carry birth certificates or passports for U.S. citizen children, especially in mixed-status families. If a child is traveling with someone other than a parent, a signed letter from the parents can help explain the trip.
Green Card Holders and Visa Holders
Permanent residents should always carry their green card. Visa holders should carry their passport and I-94 record. People with pending applications should carry receipt notices or work permits. An expired card does not end permanent residence, but it can turn a quick stop into a long one, so renew it before traveling. Our page on green card border travel in Eagle Pass has more for frequent travelers.
What Happens If Someone Is Detained
People without status who are stopped at a checkpoint can be arrested and taken to a Border Patrol station for processing. From there, some are placed in expedited removal, which since 2025 can apply to people anywhere in the country who cannot show two years of continuous presence. Others receive a Notice to Appear in immigration court and are transferred to ICE custody or released with conditions. People who are Mexican citizens can ask that the Mexican consulate be told of the detention. Many end up in South Texas detention centers. Our guide to Texas ICE detention centers explains how to find someone, and our page on immigration bond and detention explains release options.
After a Long or Difficult Stop
If a stop went badly, write down what happened while it is fresh: the date, time, location, what was said and any names or badge numbers. Keep copies of any papers you were given. You can file a complaint with Customs and Border Protection or the Department of Homeland Security, and if the stop led to an arrest or a court date, talk to a lawyer right away.
Checkpoints Are Federal; State Officers Are Different
Checkpoints are run by federal Border Patrol agents. Texas state troopers and local police enforce state law, including SB 4, the state illegal entry law that has been in effect since May 29, 2026 while courts consider it. An arrest by a state officer starts a state criminal case, which needs a criminal defense lawyer, and it can also lead to immigration consequences.
Local Notes for Border Communities
In Laredo, the I-35 checkpoint sits on the main route north to San Antonio. Families in Eagle Pass and Del Rio pass checkpoints on the highways leading north and east. Our pages on serving Laredo and serving Del Rio explain how we help families in those communities, and our Eagle Pass deportation defense page covers what happens after an arrest near the border.
Mistakes to Avoid at a Checkpoint
- Lying or showing someone else’s documents. The consequences can be permanent.
- Arguing or resisting. Stay calm, even if you disagree.
- Consenting to a search without thinking. You can decline.
- Signing papers you do not understand. Ask for a lawyer first.
- Traveling with an expired green card or without the documents you have.
- Agreeing to drive people or packages for others. Transporting people you do not know can lead to serious federal charges.
Frequently Asked Questions
Can Border Patrol stop me at a checkpoint without a reason?
Yes. Courts have upheld brief stops at fixed checkpoints without any suspicion, so agents can ask about citizenship and immigration status and send drivers to secondary inspection.
Can agents search my car at a checkpoint?
Agents can look at what is in plain view and use dogs to sniff the outside of a vehicle. To search inside, they generally need your consent or probable cause. You can say you do not consent to a search.
Do I have to answer questions about my citizenship?
You can stay silent, but declining to answer may lead to a longer stop. Never lie or show false documents, which can cause permanent immigration problems.
Are checkpoints open all the time?
Permanent checkpoints are usually staffed, but operations can vary, and Border Patrol sometimes sets up temporary checkpoints on other roads.
Can a U.S. citizen be held at a checkpoint?
Citizens can be held briefly for questions, and occasionally longer if agents doubt their citizenship. Carrying a passport or birth certificate helps. If you are held a long time, calmly ask why and ask for a supervisor.
Do checkpoints look for drugs too?
Yes. Agents often use trained dogs, and drug finds lead to criminal charges handled separately from any immigration case.
Can I record the stop?
Recording in public is often allowed, but do it calmly, without interfering with the agents. Follow lawful orders, and stop recording if told to put your phone down during a safety concern.
What should my family do if I am detained at a checkpoint?
Use the ICE Online Detainee Locator, gather your documents and call a lawyer quickly. Do not let anyone sign papers on your behalf.
Get Help From a Board Certified Lawyer
Knowing your rights helps you stay calm. Having a lawyer helps when a stop turns into something more.
Alfredo Lozano is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization, a Marine Corps veteran and a member of the State Bar of Texas, the San Antonio Bar Association and the American Immigration Lawyers Association. Our bilingual team helps border families from offices in Eagle Pass, San Antonio and San Angelo.
Request a free case evaluation and tell us what happened. We will explain your options, in English or Spanish.
