Originally Posted by
guflyer
1. What happens if one does not have proof of citizenship, only a driver's license? At least for New Mexico, there have been many driver's licenses granted in the last few years to people who are undocumented, thus having the license that one used for the TSA is not a good indication of citizenship.
2. Is one required to answer questions in this case? What happens if one does not answer any questions at all?
3. Can they search electronics, etc. in these instances, or only inquire about citizenship?
I can answer #2 and #3. Based on various precedents and court opinions, it seems that CBP has virtually unchecked authority to search belongings
at US borders. In this case, since you are not at a US border, 4th and 5th amendment protections against unreasonable searches and self-incrimination apply.
As such, you are neither obligated to answer questions, nor let them search electronics (or indeed your bags). They can only obligate you to answer or let them search with an appropriate warrant.
Now, anyone can engage anyone else in a "voluntary conversation." If they ask you your citizenship, and you tell them you are anything other than American, it gives them probable cause to ask you for immigration papers, and can legally force you to do so. They still cannot search your person or your belongings without your consent or without a warrant.
This is very similar to "temporary mobile CBP checkpoints" which SCOTUS ruled to be legal within 100 miles of a land or sea border. SCOTUS, however, affirmed citizens' 4th and 5th amendment rights in these cases, and you are free to refuse to answer.
EDIT:
It follows that if you are not a US citizen but say that you are, you are committing a felony by lying to a federal officer of the law.