What power do special agents have when interacting with non-U.S. citizens about their right to remain in the United States?

Special agents are authorized to interrogate non-U.S. citizens regarding their right to be and remain in the United States as part of their responsibilities in immigration enforcement and national security. This authority allows them to evaluate the immigration status of individuals and to address any potential violations of immigration laws. In this context, special agents must be aware of the legal framework that governs such interactions, including appropriate protocols and safeguards to ensure compliance with both domestic laws and international human rights standards.

The ability to question non-U.S. citizens is essential for agents to perform their duties effectively, especially in situations where there may be suspicions of illegal entry or overstayed visas. To maintain the integrity of law enforcement and ensure adherence to due process, agents must conduct these interactions professionally and respectfully, knowing that the rights of individuals are still protected under U.S. law.

In contrast to the other options, the authority to solely ask for identification, to only detain non-U.S. citizens for a short period, or to refrain from questioning without a warrant does not align with the operational guidelines provided to special agents. Their role inherently includes the responsibility to assess immigration matters actively.