Randyk47

We recently entered the US through CLT and were asked virtually nothing. This was before we got GE so we had to go through the whole routine. As we stood in line we could hear the five or six agents ask pretty much the typical questions like where did you visit, how long have you been gone, etc., etc. We actually talked quietly about our potential answers, not because we had anything to hide but because we'd been in the Med for nearly four weeks on a combination of land and cruise vacation. That meant we were in and out of the EU several times, visited probably eight or more countries, and two dozen cities. So we go to the next available agent and all we get is the "welcome back", a couple of passport stamps, no questions, and no second looks. Worked for us.

The only time I've actually had an "exchange" with a CBP agent was coming back to the US through DFW a few years ago. Guess the guy wanted to play "trivia" with me as he asked what state was I born in. I didn't initially catch he was baiting me a bit and answered "Washington, DC". He then launches off on this lecture that "Washington, DC" isn't a state, blah, blah, blah. OK. Fine. Whatever.

yandosan

asked what state was I born in. I didn't initially catch he was baiting me a bit and answered "Washington, DC". He then launches off on this lecture that "Washington, DC" isn't a state

Damn, close call. You could have been sent off to Guantanamo for that transgression.
Remember, the men in blue are geniuses.

fwoomp

"I'm aware of that, but it seemed rude to draw attention to the stupidity of your question, so I answered as best I could."

GUWonder

Earlier this year, some US CBP guy in Canada was asking me some questions. I answered them as I always do if asked the questions used in these situations. He gave me some of the dirtiest looks I've ever seen, as he tried to do some "stare" technique as if some black site or POW camp interrogator with a prisoner chained to a floor and strapped to a chair. Maybe he wanted to try to grab and squeeze someone's chin. If not that, maybe he loved my uniquely bloodshot eyes at the time or was just bored. He already knew I was GE cleared, but things were so slow he probably had nothing better to do.

Bored people want entertainment too, and sometimes they make their own entertainment in interactions with others. A bored CBP type at a slow point may have nothing better to do than go into hyper-paranoia mode.

PBQ

It was summer 1994 and we were on our honeymoon.

When we crossed into Vancouver, Canada, we were only asked if we had any guns, knives or anything for our personal protection.

Coming back into U.S. at the Vancouver check point, my husband and I were asked if we had any fruits or vegetables.


Ohhh.... those were the days......!!!!!

nachtnebel

Just got around to listening to the whole thing. I'd lay odds for Rynearson. Had to laugh when the border patrol defendants' counsel said that he wanted everyone to be aware that this case was not against the federal government but against the individual officers making the stop, to the tune of $500K.

Yeah. That'll send a a message.

I thought it odd that the federal counsel kept mis-stating major parts of what transpired, even though the video contradicted him, and had to be corrected constantly by one of the judges. Was he that incompetent?

Ari

It is hard to read the tea leaves.

Misrepresentations by the DOJ at oral argument are regrettably not uncommon. They are stubborn and think they are always right even when they are not.

They only stopped violating the Chenery doctrine in the 7th Circuit recently, and only because they were threatened with sanctions.

Google "parallel construction" if you want to know more about how blase the DOJ is about telling tall tales to Courts; bring a barf bag.

nachtnebel

Regrettably, I need not Google that term. Its as ubiquitous on the Internet these days as it is pernicious in practice.

Even more regrettably, the poisonous fruit from that particular tree will be something we'll all end up eating, even those in the DOJ.

The plaintiff has an uphill battle, that's for sure. If he prevails, the retaliatory detentions at the internal checkpoints will stop. Even if he fails, I suspect we'll see changed behavior simply because the light is now shining on these folks.

GUWonder

There is also reconstructing the investigative trail, which is more or less done for the same kind of purposes and has been used to get people off the street while covering up for the government's questionable sources and methods. In most ways, it's the same thing.

Blueskyheaven

The response to complaint we filed is " they did nothing wrong and we were treated with RESPECT & COURTESY. Wouldn't have complained if that actually happened.

VAPA

This video shows your point, that they lie constantly, from Border Patrol agent to government lawyer, and demonstrates why it's important to film.

http://www.youtube.com/watch?v=wnearlBdSkU

Dubai Stu

I live on the US/Canadian border and cross a fair amount. My questions are:

A. Citizenship;
B. Place of Residence;
C. Purpose of Today's Trip to Canada;
D. What You Bringing Back.

Long Train Runnin

I have to say crossing the border into Canada in a car is always an unpleasant experience for me I used to live in Niagara Falls on the US side, and the attitudes of the folks at all of the bridges were always very unpleasant to deal with. My car had NJ plates which I guess didn't help the situation when I said I was a "resident" there. I had my car searched on more than one occasion and eventually just gave up on driving to Canada. I am a white male and at the time was 20 years old and would usually be traveling alone, so I'm sure I fit some kind of profile, but it always left me feeling like I was doing something wrong by simply reentering the country where I was born and have lived my whole life.

My last entry to the US was at EWR after a trip Vietnam Laos and Japan the agent only asked me a couple of simple questions his final one was a new for me he asked me how much money I had on my person. I told him I had a few hundred dollars and he sent me on my way.

FredAnderssen

A quick thinking traveler may have said: "I didn't realize you guys were so forward about receiving bribes. How much do you want?"

carolinaflyr

At the outset, there are only two questions for CBP:

1. Are you a US citizen? If the answer is yes, then you are entitled to enter and they have absolutely no discretion. None. (If you are not then there are additional questions about your nationality, visa status, etc, and they do have discretion in whether you are admitted (visa or not)). So if you present a valid US passport or other evidence of citizenship it is game over. You are not required to answer questions about where you were born, who you are married to, what you do, who your kids are, or where you have been.

2. Are you carrying undeclared contraband, ag products or dutiable items? You are required to declare contraband or dutiable items, and to answer questions as to whether you have any of them. No more.

BUT: If you refuse to answer questions CBP can detain you to ascertain your identity and citizenship (if there is any reason to doubt your passport, or that you are the person in the passport), and to search you and your belongings for contraband, ag products and dutiable items. While they cannot prevent you from entering or send you to Gitmo (assuming you break no laws), it's very unlikely that they will be held to account should they detain you for an hour or two, if they have any sort of plausible story for why they did it (and which story may well be fabricated after-the-fact). And their questions (such as where you went and why you went there) may be reasonably intended to help them decide whether they wish to inspect you or your belongings further. You can refuse to answer but you may well have your time wasted and get a nice secondary ransacking of your belongings and a real personal search of your person. Which they can do.

While there are plenty of good CBP agents (most), bad apples seem to never be held accountable for rudeness toward people coming in. DFW, mentioned by a previous poster, seems to have a particular problem - which I infer is related to local management not caring.

I generally answer whatever they ask, but did have an experience at DFW returning from Thailand, where some cop-on-steroids started with the fire questions, ask them three times, cut off the answers, hardball "interrogation." I'm not at my best after 18 hours on planes so I did cut it off and remind him that if I was the person on my passport I was a citizen by birth so he had no discretion, and if he wanted to search me, let's get on with it, been there done that. And if they wanted to know who I was just go google me, I'm real transparent. He disappeared and came back in 5 minutes and said "you're cleared." I responded "I always was, but thanks," and moved on.

It is unfortunate that our nation's gatekeepers tolerate rudeness and abuse of authority by their agents, even if its only a minority. It ought to be a couple of warnings, and then hit the street, but it seems it is not.