The Mr. and I are going to New Mexico next week, and will be driving through an area where I know there are CBP checkpoints. Last time I went through, they hassled me pretty badly about producing a passport, which I had only because I prefer to use it at the airport. Yes, they actually cared enough to make me get out of the car and dig through my luggage for it. I was alone, in the middle of nowhere, and didn't want to end up arrested.

The problem is that the Mr. does not have a passport. Since he is legally not required to show it for domestic travel (right?), what are our options if CBP demands them again? Has anyone else had trouble at these roadside checkpoints in border areas?

Tell them to get screwed and drive off.

Not enough information to answer this question. What is your and husband's citizenship?

FB

Depending on what their answer to my question is that advice could land them with a Federal arrest and charge.

FB

If it wasn't US, how do you suppose he's running about the country without a passport?

No snark intended, just wondering if I am missing some strange technicality.

I took the question to be asking he was in the country illegally, but that's just my guess.

do a youtube search for "cbp illegal checkpoint" and enjoy reverse-harassment examples.

not knowing the US citizenship status of you or your husband, it is hard to answer your question definitively. But I live in a border state (Arizona) and have been through those checkpoints many times. Even regular US citizens can sometimes be asked to get out of their cars once in a rare while.

What I would recommend is this:
1. if you or anyone in your party is not a US citizen, you should be prepared to show your passport.
2. if someone in your party is a legal US resident, then just your US driver's license should be sufficient
3. when you approach the checkpoint, take off your sunglasses and roll down your windows.
4. don't do something stupid like my DH did a few months ago and pull over in sight of the CBP agents to rearrange your luggage in the back of your car. You will get your car searched for surr.
5. If they ask you any questions, just answer calmly and truthfully and you will be fine.

A close friend of mine works with CBP agents on a daily basis. Here in arizona, the border patrol has caught illegal immigrants from many countries who harbor terrorists. Plus there are Mexican drug cartels who fire weapons at the CBP agents in their vehicles. So if the New Mexico CBP agents seem especially vigilant, there is a legitimatr reason why and they are not necessarily singling you out for discriminatory purposes.

For example, a couple of weeks ago, I and my family passed through such a checkpoint while driving from CA to AZ on vacation and the CBP agents asked me if I and everyone in the vehicle were US citizens.

^

Uhhhhh....no. I have a hard time cooperating with unconstitutional searches. Besides, as I said in my OP, I have been asked for a passport and my husband does not have one. THAT is the issue. He simply cannot produce one if asked. As far as "legitimate" reasons, what possible "legitimate" reason do they have for harassing a young blond woman alone in the Texas desert in a new rental car, on the main road to a popular national park? Oh, right - none. Even US v. Martinez Fuerte admits the checkpoints are beyond Constitutional but the ends justify the means, so they are "legal". Just because SCOTUS rules something Constitutional doesn't mean it actually is - unless you're a sheep.

If only I wasn't a little gun-shy from my latest TSA experience. And would shenanigans at one of these affect my GE?

I guess the answer is to simply ask them why they want to know if they ask our citizenship? But then what if they ask for passports?

you still havent commented on yours and your husband's citizenship - what an irony :-)
If you are not US citizen - you have to "by law" carry green card with you, or if you are on tourist/other visa - passport with such visa.
In all youtube'd run-ins they have been satisfied with yes without asking for further proof. So no point in speculating in "what if you say you are citizen and they ask for passport" - I dont see that happening.

Your question has already been answered.

If your husband is not a citizen, they can demand a passport. I wouldn't want to contemplate where that could lead if he doesn't produce one - at the very least, I think it's unlikely it will be a quick question-and-answer, "OK, you're free to go now". Perhaps if he has some kind of picture ID (foreign driver's license), things might go easier (ie, if he's Canadian, not sure if he's required to produce a passport on demand).

If he's a citizen, I'm not sure just saying so is enough. I think he can still be asked to provide proof (if, for instance, he has an accent/looks 'foreign').

It's definitely a situation that, IMHO, is best approached with even more humility, obsequiousness, shameless butt-kissing than a TSA checkpoint. If you start asserting rights or challenging CBP, you risk a lot more unpleasantness than a missed flight, and yes, I do believe you could jeopardize your GE.

There are stories of people who have told CBP agents at these roadblocks to stuff it and who have (allegedly) gotten away with it. There are better documented instances when things have gotten ugly.

I did, in a smart aleck comment above. We are both US citizens by birth.

And as I said, when I answered "US" several years ago, they DID demand a passport. Recorded run-ins where they are satisfied with a simple answer are great for those people, not great for me. You may not see it happening, but it did to me.

I am not good as butt kissing, especially when being unconstitutionally searched. TSA at my local airport can tell you that. And really, why on earth should a US citizen show humility for NOT carrying papers around with him? I can't wrap my mind around that.

Can they legally detain us for not having their "required" documentation? Because it sure seems like they did to me.

I'm a Canadian residing legally in the Status.

I was never told to carry my "papers" with me for presentation
upon demand.

If I travel which I do regularly then I do have my "papers" for
presentation "upon demand".

Why does this remind me of old war films where the authoritative
figure shouts out "PAPERS!" at random checkpoints.

I did not mean for my reply to upset anyone...was just commenting based on my and my spouse's own personal experiences having gone through California and Arizona CBP checkpoints multiple times. Your mileage may vary. A US citizen is not required to carry his or her passport with them when they are in the US. heck, many US citizens do not have passports because they have not travelled internationally.

I am sorry that you had a bad experience. I imagine that it must have been quite upsetting and I hope you have a nice time in New Mexico.