Jadence2025 :
No.
You cannot be lawfully charged with trespassing in a federally owned public space that is open to the public (lobby of a Social Security office, post office lobby, DHS/CBP public waiting area, federal courthouse plaza, VA hospital lobby, etc.) simply for being there and committing no crime.
Why it is impossible
1. Trespass requires unauthorized entry or remaining after a lawful order to leave (18 U.S.C. § 1382 for military property or most state statutes).
2. When the building or area is open to the public during normal hours, your presence is authorized by law.
3. No crime + no interference + no posted closure = no legal basis for an order to leave.
4. If they give you an order to leave anyway and you refuse, the order itself is unlawful — and you cannot be convicted of trespass (or the federal equivalent) for disobeying an unlawful order (United States v. Dougherty, D.C. Cir. 1972; many state cases).
Real-world proof (2025)
• Federal courthouses, SSA offices, and post offices have lost every trespass case filed against First Amendment auditors who stayed in the public lobby and filmed quietly.
• DHS/FPS 2018 memo (HQ-ORO-002-2018) and GSA regulations (41 CFR § 102-74.420) both state the public has the right to be in public areas of federal buildings without “special permission” or a ticket.
Bottom line you can say on scene
“I’m in a public area of a federal facility that is open to the public right now. Unless I’m breaking a law or you have a posted closure, you have no legal authority to order me to leave or charge me with trespass.”
If they still threaten arrest, stay calm, keep recording, ask for a supervisor or FPS (Federal Protective Service), and get names/badge numbers.
They almost always back down — because they will lose the case and the taxpayer payout later.
2025-11-26 11:38:28