FlyerTalk Forums

FlyerTalk Forums (https://www.flyertalk.com/forum/index.php)
-   Checkpoints and Borders Policy Debate (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate-687/)
-   -   Requirement for speaking your name? (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/1398391-requirement-speaking-your-name.html)

FliesWay2Much Jan 7, 2014 1:34 pm


Originally Posted by Dovster (Post 21953464)
The following sentence appears in your passport:

This passort is the property of the United States (Title 22, Code of Federal Regulations, Section 51.9). It must be surrendered upon demand made by an authorized representative of the United States Government.

Clearly, the TSA and its employees are representatives of the United States Government and, when acting in that capacity, are authorized to take your passport for the limited and reasonable amount of time required for the purpose of identifying you to their satisfaction.


Originally Posted by Boggie Dog (Post 21953631)
Since you are quoting chapter and verse tell us who an "authorized representative of the United States government" is in this situation.

And please include the cite.


§ 51.76 Surrender of passport.
The bearer of a passport which is revoked shall surrender it to the Department or its authorized representative upon demand and upon his or her refusal to do so such passport may be invalidated by notifying the bearer in writing of the invalidation.


(22 U.S.C. 2658 and 3926)
[31 FR 13540, Oct. 20, 1966, as amended at 49 FR 16989, Apr. 23, 1984]

Doesn't say anything about "simple" confiscation; only about voluntarily surrendering a passport which has been revoked. ...still looking.

Edit to add: It looks like not even USCIS has the authority to confiscate a U.S. passport:

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/April/revocation-us-passport-pm-602-0036.pdf

N965VJ Jan 7, 2014 1:39 pm


Originally Posted by greggarious (Post 22104689)
Often "here" is not within sight of my belongings, and I've had a couple TSOs at ORD get really annoyed that I insisted on standing somewhere where my bags were in my sight.

I stand where I can see my stuff on the other side, and blow off any requests that I move (note I'm not blocking the line). The more they bark, the more they demonstrate to everyone else how little authority the have, as nothing ever comes of it. :D

jkhuggins Jan 7, 2014 2:17 pm


Originally Posted by T-the-B (Post 22104271)
I agree with much of what you have said here but I would like to add my perspective on points (1) and (2) above. I'll try to explain why, although I may agree with your points, I'm not willing to cut TSA much slack over their inability to properly train their employees.

You misread my intent.

I think TSA has created a system where it's practically impossible to train their employees, because of the overwhelming morass of things to train upon. For that, TSA bears responsibility.

There are ways to deal with that. One is to continually train --- as your experience as a sports official demonstrates. Another is to cut back on the number of rules. Probably both are necessary.

Carl Johnson Jan 7, 2014 3:53 pm


Originally Posted by jkhuggins (Post 22103991)
See, I'm not even sure that rule is that simple.

Well, it is.


TSA itself complicates matters by saying official-sounding-but-completely-nonbinding things like "We ask you not to take pictures of the SSI screens", which convey the notion of a rule but without the authority of one.
That only raises an ambiguity about whether taking pictures of the screens is prohibited, it doesn't alter the clear statement that taking pictures of the rest of the screening area is permitted.


TSA also complicates matters by saying "You are not permitted to disrupt the screening process", without defining what "disrupt" means, leaving TSOs to decide for themselves whether or not taking photographs is disruptive.
That doesn't complicate anything. Taking photographs isn't disruptive. Clerks aren't entitled to make up their own rules.

The TSA doesn't have too many rules; it doesn't fire enough clerks for failing to follow the rules. If the TSA started firing clerks for incompetence, the rules would suddenly get a lot easier to understand.

Badenoch Jan 7, 2014 6:03 pm


Originally Posted by RadioGirl (Post 22091686)
Airport security in other countries does not require passengers to say their name (or even, in many countries, to show an ID) and so the demand at a US airport comes unexpectedly for a foreign visitor. The passenger may reply with "What?" or "Excuse me?" or "I don't understand" in their own language, rather than saying their name.

Very true. The first time it happened (at JFK) I was a bit perplexed and responded with "What?" The TSA agent became a bit hostile and demanded I state my name. I did and was on my way. I don't argue with TSA agents as I'm always aware in the U.S.A. that I'm a visitor and don't enjoy the same rights as Americans.

chollie Jan 7, 2014 6:21 pm


Originally Posted by Badenoch (Post 22107127)
Very true. The first time it happened (at JFK) I was a bit perplexed and responded with "What?" The TSA agent became a bit hostile and demanded I state my name. I did and was on my way. I don't argue with TSA agents as I'm always aware in the U.S.A. that I'm a visitor and don't enjoy the same rights as Americans.

I'm an American. I respond the same way because when it comes to TSA, I don't have any more or better rights than non-Americans. If I want to fly (that day and in the future), I do whatever they say.

InkUnderNails Jan 7, 2014 9:48 pm


Originally Posted by jkhuggins (Post 22103991)
See, I'm not even sure that rule is that simple.

TSA itself complicates matters by saying official-sounding-but-completely-nonbinding things like "We ask you not to take pictures of the SSI screens", which convey the notion of a rule but without the authority of one. TSA also complicates matters by saying "You are not permitted to disrupt the screening process", without defining what "disrupt" means, leaving TSOs to decide for themselves whether or not taking photographs is disruptive.

Which returns to one of my earlier points. TSA has created a system with too many rules, procedures, policies, and "suggestions" for anyone to fully understand --- TSOs and passengers included.

Before the end of my Nexus fun, I had put a little sticker on the back of my Nexus that said "The Nexus is #7 on your SOP list of acceptable ID's." I read that info here on FlyerTalk and when I started doing that, they would go to the manual, match it up to #7, and on my way I would go. It was like magic. Well there was one time.....

After presenting my Nexus a supervisor pulled me to the side and asked to see my ID. Without handing it over, I showed it to her. She said to turn it over and I did. She saw the sticker and said that I had to remove the sticker as that info was SSI. I said that it is against the rules for her to tell me information that was SSI but it was perfectly fine for me to tell her information that I knew was SSI, as by my knowing it, it was no longer SSI.

A brief befuddled look was followed by an almost imperceptible nod and I was sent on my way.

Xyzzy Jan 7, 2014 9:54 pm

That was t:ptally brilliant!

PTravel Jan 8, 2014 7:03 am


Originally Posted by Badenoch (Post 22107127)
Very true. The first time it happened (at JFK) I was a bit perplexed and responded with "What?" The TSA agent became a bit hostile and demanded I state my name. I did and was on my way. I don't argue with TSA agents as I'm always aware in the U.S.A. that I'm a visitor and don't enjoy the same rights as Americans.

I appreciate you attitude (which is my attitude, too, when I travel internationally). However, to clarify, the Bill of Rights is a restriction on government power, not a bestowal of rights by the government -- the rights that are the subject of the Bill of Rights are inherent, inalienable and not confined to citizens, i.e. you enjoy them, too, when you visit. Don't feel you have to give up fundamental human rights because they are limited only to US citizens -- they are not.

Dovster Jan 8, 2014 8:08 am


Originally Posted by PTravel (Post 22109975)
the rights that are the subject of the Bill of Rights are inherent, inalienable and not confined to citizens

Please keep those absolutes in mind during our next 2nd Amendment debate.

GrumpyYoungMan Jan 8, 2014 9:57 am


Originally Posted by Dovster (Post 22042801)
With some very rare exceptions (specifically when there are only people of one gender on duty), opposite sex patdowns are not permitted. I know this for a fact as I have requested them on a few occasions.

Never hurts to ask!

Badenoch Jan 8, 2014 1:48 pm


Originally Posted by PTravel (Post 22109975)
I appreciate you attitude (which is my attitude, too, when I travel internationally). However, to clarify, the Bill of Rights is a restriction on government power, not a bestowal of rights by the government -- the rights that are the subject of the Bill of Rights are inherent, inalienable and not confined to citizens, i.e. you enjoy them, too, when you visit. Don't feel you have to give up fundamental human rights because they are limited only to US citizens -- they are not.

I agree most rights aren't limited only to US citizens but your government does not recognize those rights in quite the same manner with non-resident aliens who can be removed from the country pretty much on a whim. Getting snooty with the TSA to the point where the police or CBP might be involved is a very good way to find yourself on the other side of the border and not permitted to return.

PTravel Jan 9, 2014 12:52 pm


Originally Posted by Dovster (Post 22110312)
Please keep those absolutes in mind during our next 2nd Amendment debate.

I always do. Feel free to cite an instance where I haven't.


Originally Posted by Badenoch (Post 22112866)
I agree most rights aren't limited only to US citizens but your government does not recognize those rights in quite the same manner with non-resident aliens who can be removed from the country pretty much on a whim. Getting snooty with the TSA to the point where the police or CBP might be involved is a very good way to find yourself on the other side of the border and not permitted to return.

There is no constitutional right of a non-citizen to enter or remain in the country. I'm not aware of any country that extends such a right to non-citizens.

As for getting snooty with TSA, I suppose it all depends on what you mean by snooty. CBP, on the other hand, is another story. Entry can be denied to non-citizens for any reason or no reason. It's probably best to leave fighting the good fight with CBP to those of us who are US citizens. :)

Xyzzy Jan 11, 2014 12:06 pm


Originally Posted by bdschobel (Post 22102275)
I had exactly the same experience -- and posted it on Flyertalk -- trying to use my Global Entry card as ID at JFK Terminal 2. Upteen TSA people, including two supervisors and a screening manager, insisted that it wasn't valid...


Originally Posted by InkUnderNails (Post 22108223)
Before the end of my Nexus fun, I had put a little sticker on the back of my Nexus that said "The Nexus is #7 on your SOP list of acceptable ID's."...

Just when you thought this kind of thing was part of the past....

TSA at EWR this morning took one look at my Global Entry card and told me it wasn't accepted there. I suggested that was incorrect and was told that it might be good elsewhere but that it wasn't good enough for the PreCheck lane. I asked for a supervisor. This really irritated the clerk I was dealing with and he summoned the supervisor who looked at the back and front of my card numerous times, scribbled on my BP and sent me d:pwn the chute.

bdschobel Jan 11, 2014 12:23 pm

Oh, my goodness! Global Entry used to be the only fool-proof way to get PreCheck! And now we have TSA saying that it isn't good enough for PreCheck? Good grief.

The truth, as you know, is that the ID requirements are exactly the same for all the lines. You don't need special IDs for PreCheck.

Bruce


All times are GMT -6. The time now is 12:48 pm.


This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2026 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.