RedWingsFan

I was on a recent flight from ORD to IAD. As I was walking up the jetway to the terminal, there were four Customs Border Patrol agents making their way down the jetway. The only time I have experienced CBP agents in the jetway was on international flights checking. Is this new,

ubernostrum

Were they actually checking every passenger coming off the plane? Did they stop you or ask you questions?

Likeliest explanation is a specific passenger on the plane was of interest to them, and that's why they were there.

RedWingsFan

I was just about to enter the terminal after deplaning when I saw the agents about to head down the jetway. They didn't say anything to me nor did they say anything to the other passengers that deplaned when I did. However, there were still a lot of passengers that hadn't deplaned yet.

HKG_Flyer1

An editor from Vice reported on twitter yesterday that she & fellow passengers were forced to undergo immigration inspection prior to being allowed to deplane on a flight from SFO to JFK. I zoomed in on the photo, and it appears to be a Delta aircraft.

Does anyone know anything about this?

Link:

GUWonder

Some flights from certain parts of the South and West are targeted for immigration control checks on arrival when there is suspicion a flight has been used for or has a passenger that has evaded US immigration controls. It's very infrequently observed -- as it impacts so very few flights historically -- but it's part of the arsenal used by DHS rather routinely at that. I've more frequently encountered this on departure when taking domestic flights -- flying out of BUF, for example, on domestic US flights has had me see this quite a bit. Sometimes the check only involves being asked for citizenship, and other times it may involve being asked for documents.

Section 107

Yes, unusual but not uncommon. Typically used when looking for a particular individual for any of a number of reasons under the purview of CBP/DHS. Also could have been done at the request of/to assist another agency.

jphripjah

Couldn't the passengers disembarking a domestic flight just refuse to show any documents to any law enforcement officers who are asking for them?

FlyIgglesFly

I'd love to show them my Irish passport (dual US citizen) and then plead the 5th in an Irish accent. Just to experience the cluster**** that followed.

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?

GUWonder

1. They usually accept the regular driving licenses, at least if it seems to align with the story of the person asked.

2. I would say I'm a US citizen traveling domestically while immigration and customs checks are for those crossing borders not for Americans like me staying in America on this trip.

3. They use a border zone doctrine/exemption but the notion of the area being a constitution-free zone is arguable. Here is the ACLU's take on it:

https://www.aclu.org/other/constitut...le-border-zone

chintanshah123

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.

battensea

But if you refuse to answer or allow them to search your belongings, what is to keep them from holding you in the back room for several hours?

battensea

http://sanfrancisco.cbslocal.com/201...-arrival-gate/

TheMadBrewer

On an SFO-JFK flight yesterday (Feb 22)

http://sanfrancisco.cbslocal.com/201...-arrival-gate/

I guess my DM card probably wouldn't do

KDCAflyer

Yeah I don't think that US citizens are under any obligation to comply. I do believe that green card and visa holders are though.