also worth noting:
as a US citizen re-entering the country you do not have to present anything more to a customs agent than your passport.
You are not required to answer any questions at all. Where youre from, where you were, what you did, nothing, however it may result in an inspection of your bags, so it depends on whether your interpretation of liberty is based on personal convenience.
Disclosure: ive done this opt-out twice. The first time I got to sit in a room with a few other folks who had been randomly selected based on their winning complexion, and was let go after 20 minutes and a bag search. The second time the screening room was busy so i was let go immediately. at no point did i answer a single question.
The searches that even a U.S. Citizen could be subject to (without a warrant) are extremely broad[1].
> Legal precedents grant federal officers at ports of entry the power, without warrants, to require people to strip for a “visual inspection” of genitals and rectums, and to submit to a “monitored bowel movement” to check for secreted drugs.[1]
We did a deep-dive on court settlements by CBP for invasive searches and found quite a few extremely disturbing cases.[1]
> Some women were also handcuffed and transported to hospitals where, against their will, they underwent pelvic exams, X-rays and in one case, drugging via IV, according to suits. Invasive medical procedures require a detainee’s consent or a warrant. In two cases, women were billed for procedures
A woman was detained at Philadelphia International Airport on her return from Punta Cana. After a few hours (~7hrs) of questioning she is pressured to sign a consent form, denied a consultation with an attorney and forcefully shackled and transferred to a hospital for a "monitored bowel movement" (This involves defecating in the presence of a CBP officer; No warrant needed).
She was then involuntarily committed to the hospital for "elevated heart rate" where she was forcefully stripped, underwent a "close visual inspection", administered lorazepam and olanzapine through IV, underwent an X-Ray, CT Scan along with a urine and blood workup - all of which came back negative for drugs or other contraband.
This entire ordeal lasted nearly 24 hours. After which, she was taken back to the airport and released to drive home. During her drive from the airport, she crashes into a highway median. She alleges that the she wasn't advised about the adverse effects of the medications being used to sedate her and that the medication was responsible for the accident.
All of this happened to a U.S. Citizen; without a warrant and without permission to call a lawyer.
This incident is discussed in further detail in the 4th section of the story mentioned earlier [1] "Invasive Searches: A woman's 24-hour ordeal"
> also worth noting: as a US citizen re-entering the country you do not have to present anything more to a customs agent than your passport.
But as a practical matter they can detain you and do a more intense search than they would if you didn't dig your heels in and silently hand them your passport. You'd be surprised how intrusive a search absent reasonable suspicion can be at the border - they just don't have the resources to do one on everyone.
The info I've been asked for at the border is usually info the government could get if it wanted (Ex: asking where I visited when they have flight records and are looking at my passport stamps)
I'm fine with doing a little participatory security theater if it gets me home quicker and has no real cost to me.
again, it depends on your definition of liberty. I take a hardline stance. to confirm: this is absolutely not recommended for everyone. The demeanor of your CBP officer shifts quite unpleasantly when you decide not to answer them. They will begin to lie to you about the events taking place, as its their job.
This information is also valid for CBP stops inside the US while traveling by automobile. Your passport or drivers license should be all that is required. No questions.
The issue is in theory non citizens can have DLs, and they're trying to sniff out illegal immigrants. (In practice they tend to not pry white people for proof beyond a DL and pinky swearing they're citizens)
I did this every time I re-entered the US for several years. After a few times, they took to arresting me for 4-10 hours on EVERY ENTRY, sending busses without me, making me miss connecting flights, et c. One time I was locked in a room without food, water, or medication for 12 hours. (FWIW, I'm white, a US citizen, employed, and wealthy-by-most-standards-but-not-by-HNs.)
They'd sometimes simply intimidate me, sometimes they'd make a big show about searching everything I had (not even looking in every zipper pocket), et c. In all cases they would lie to me and tell me what I was doing was illegal. (Remember: making false statements to federal agents is a crime.)
I eventually stopped after a few years and would voluntarily yield to their probing questions to avoid delays; I continued to get harassed by border guards and sent to secondary (for an additional 1-10 hours of arrest) on every entry for approximately 4 years afterward, even when answering all questions in full voluntarily. These days, they don't ask me questions, and just wave me through. I'm curious what changed a year or two ago to make them stop harassing me for exercising my rights for 24 months some time ago.
Oh, I almost forgot: one time, they digitally penetrated a Canadian woman who was my travel companion, simply because, in secondary (where we ended up because of my previous rights assertions) we both declined to unlock our phones for the border cops. They strip searched us both, and denied her entry. Denying entry is somewhat understandable due to the failure to search her encrypted device (if a bit dumb), however, sexually assaulting her and forcing us both to manipulation of our genitals is a little bit beyond their mission, in my opinion.
You definitely got put on the "probable drug smuggler" list. Luckily you seem to have fallen off of that list but if you went back to your old behavior I'm sure you could find your way back on it.
It’s not okay to assume someone is breaking the law and treat them like a criminal and force them
to incur thousands of dollars of additional expense simply because they invoked their human rights.
That is what I thought as well. Sometimes if I am in a bad mood/snarky and they ask me what I do for a living, I just say “computers”. They always ask me “computer what? engineer? programmer?” I simply respond back “computer! computer!” and they just angrily let me go.
I do this not because I want to be mean but to show them these questions are a pointless waste of time. I mean there are thousands of people who dont speak a word of english who return back. I doubt they can understand these officers, much less respond to them.
I thought those questions were more to gauge whether you were a victim of human trafficking than anything else. The details they have asked always seemed innocuous enough. Business or pleasure, how long did you stay, stuff like that. Nothing I wouldn’t tell a guy sitting next to me on the flight.
Yeah, They can demand to search your things if you want in. Including unlocking your phone, the alternative is to give them your phone while still locked, or not be let in.
They can't not let you in if you're a U.S. citizen. They can search or impound your property, and they can temporarily detain you, but ultimately they have the choice of letting you in or arresting you based on some probable cause. As a U.S. citizen, sending you back is not an option.
Yep. This is why I don't take any devices aside from a temporary burner phone with me when I fly. If I need something at my destination, I ship it via a parcel carrier.
The last few times I've returned to the states I haven't even had to talk to a customs agent - but signing up for Global Entry might be too much of a violation of privacy by some standards.
I think every time I enter the European Union as a citizen (crossing the border in Denmark, Germany, the UK, France, the Netherlands or Spain) I've either not interacted with anyone (electronic border gate), or said nothing more than "hello" and "thank you".
Speaking to a customs official is very rare, I've only had that happen once.
Do most Americans get questioned at their own border? I do, but I'd assumed that was only for "aliens".
As an American entering the EU, I wasn't asked anything either. Just handed my passport, stamped, on my way.
Similar thing although with a few more questions entering Canada. Usually it's just, do you have anything to declare - which seems like a perfectly acceptable thing to ask.
Canadian borders make american ones seem tame. I recently visited, and 2 of our party were denied at the border for non-crime information associated with them. We all turned back, but were hasled for doing so. It was not a welcoming or comfortable experince. I will hesitate to return.
I am a US citizen and I've traveled to 20+ countries. By far the most intensive and invasive border crossings have been entering Canada followed by entering the US.
The only conversation I've ever had when going through passport control in the EU was in Rome. I was around 25 with a full beard and my passport photo was taken when I was a clean-shaven 17/18 year old. The conversation went:
> The last few times I've returned to the states I haven't even had to talk to a customs agent - but signing up for Global Entry might be too much of a violation of privacy by some standards.
You have to hand your receipt from the machines to an agent who may or may not decide to question you at that point. After baggage claim, you may or may not get stopped by a CBP agent who decides to question you based on their "discretion". (At some airports, these two checks are consolidated and done once, after baggage claim).
Some people are stopped for these checks more frequently than others.
Fair enough. I (20s white guy, mostly asleep) probably don't fit the 'needs to be questioned' profile all that much. (And I'm not certain I'd have remembered answering a basic question like 'why were you travelling' anyways...)
A 20s male is probably pretty high on the list of people to question. I would guess that if you're a US citizen, as they're only concerned with what you're bringing in rather than what you're planning to do or how long you're staying, not looking like a stereotypical foreign terrorist probably doesn't help much.
As a 20s non-white guy I'm never bothered, so maybe I'm just off-base here.
When I was a 20-something white guy (this was pre-9/11), I could count on getting pulled out of line, questioned, and swabbed down in certain airports. I always wrote it off to the fact that I had very long hair and dressed like I was poor, but carried a high-end briefcase.
That applies to intentional smuggling, but I'm sure a lot more CBP seizures (by number, if not quantity) are from enforcing agricultural and IP laws that travelers unknowingly or carelessly attempted to violate.
Bringing a citrus fruit from most countries, various other fresh foods, counterfeit goods, etc.
I understand the need to exercise freedom, and I do this when in line for TSA. I opt for hand-screening usually.
But I don't see what the point is in not answering where you visited. I'm pretty sure they already have this information so there's no point in hiding it, in my opinion. Plane tickets, hotel bookings, credit card usage, etc all will tell an easy tale as to where you were and what you did.
Why should you tell an officer something that you're not legally required to? It's none of their business, and if they can look it up, they can go ahead. It's a means of peaceful resistance to a procedure that's arguably unconstitutional (fourth amendment).
Personally, I usually travel with family, so I don't want to make a scene. But when I travel alone, I'm a bit more resistant to trade my rights for convenience.
I completely understand and respect people who peacefully resist border security, and hopefully those agents learn a thing or two about where the limits to their authority are. Please don't be a jerk about it, but you should never be compelled to give any more information or assistant than legally required.
Either the questions depend highly on your travel destination or I don't look very suspicious. Traveling to/from US EU the most I ever get is "is this for business or personal?".
I've even got a few friendly "welcome back" when returning to the states after longer trips
Except one time, I've only ever been asked one or two mundane questions that are already answered on the entry card. And that one time, was the second time I'd ever entered the U.S. with Global Entry. This was about 18 months ago.
I was out of the U.S. for about 2 weeks (3 countries). Back in the U.S. for a week. Then back out of the U.S. for a month (4 different countries). Either the first or second trip I'd say would have been ordinary for me. But combined and also with the gap was unusual but I didn't think about it as being unusual at the time.
Entry to the U.S. the first time, I had no contact with an agent, all automated, the slip of paper from the Global Entry machine said exit customs.
In London for the flight back to the U.S. (2nd time around), the gate agent told me I was on some list and I needed to check-in with a man nearby at a separate counter. I'm almost certain he was U.S. CBP. Definitely American. I don't think he was TSA or FBI. He asked my address in the U.S., where I was, and whether it was personal or business but not more than that, and opined "I have no idea why they're asking me to do this." This conversation was about 2 minutes.
12 hours later in Denver, Global Entry machines are down, I use the regular machines which spit out a similar slip but I had to go to a Global Entry specific agent manned lane, that agent swiped my passport and immediately asked me to come with him. He hands me off to an agent in a separate room with a waiting area for 30 people, no other people are waiting, and says "he's flagged from blah blah flight". And I get asked all the same questions as before except two: he did fish for more about the sequence of travel and cities, not just countries. I brought up my previous trip and one week gap in the U.S., and he opined "ahh that makes sense now" or to that effect. And that was it, total time maybe 5 minutes.
The information I gave was consistent with Passport and Global entry application, and entry card information. I can't think of one question that was not mundane. I assume all the countries I visited immediately communicate my entry/exit with U.S. CBP the moment my passport is scanned. They already know these things. Except for the cities and sequence.
Looking back on it, I'd have liked to ask a bunch of questions myself about this experience.
I'm not sure if the first agent in London, had I opted out, can inform the airline I'm "not cooperating" and as a courtesy don't board me? But I'm still curious about what got me flagged, and why the London guy was confused thinking it was out of the ordinary or unnecessary. Was it random? Was it a combination of the travel and Global Entry like "oh he gets global entry and then the travel behavior changes, flagged!" sort of logic.
You are not required to answer any questions at all. Where youre from, where you were, what you did, nothing, however it may result in an inspection of your bags, so it depends on whether your interpretation of liberty is based on personal convenience.
Disclosure: ive done this opt-out twice. The first time I got to sit in a room with a few other folks who had been randomly selected based on their winning complexion, and was let go after 20 minutes and a bag search. The second time the screening room was busy so i was let go immediately. at no point did i answer a single question.