UK may allow US security checks on passengers before transatlantic travel
#16
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#17
Join Date: Jan 2014
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There are many reasons against this approach:
1. It would mean that you had to be significantly earlier at the origin airport
2. It would kill MCTs to US based flights with current schedules. Add 30 min minimum, every time
3. It would, as noted before, mean significant changes to the airport layout, including lounges etc.
4. At several airports, there are many US bound flights during a short period of time and then none for a longer time. So there would be a huge queue and then nothing for a long time
5. It is generally questionable if foreign authorities should be allowed to work within another country's border
In total, it would be a much better approach to deploy the additional staff needed for these security checks to the US destination airports where they belong.
Regards
Stepfel
1. It would mean that you had to be significantly earlier at the origin airport
2. It would kill MCTs to US based flights with current schedules. Add 30 min minimum, every time
3. It would, as noted before, mean significant changes to the airport layout, including lounges etc.
4. At several airports, there are many US bound flights during a short period of time and then none for a longer time. So there would be a huge queue and then nothing for a long time
5. It is generally questionable if foreign authorities should be allowed to work within another country's border
In total, it would be a much better approach to deploy the additional staff needed for these security checks to the US destination airports where they belong.
Regards
Stepfel
There's another issue as well -- CBP always tries to intimidate me into answering their questions on arrival in the USA, and of course a favourite tactic is delaying clearance. I always make clear I'll wait all day if need be, but I am not answering any questions. Doing this before the flight is just a way for them to pressure you into co-operating, as it's easy for them to make you miss your flight.
Also, they might try to assert that as you are on British soil, your fifth amendment rights are not valid.
#18
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Anyone want to take a stab at how much it will cost to have a CBP employee working at LHR for a year? London is a very expensive market and I wouldn't be surprised if the cost for a single CBP employee will cost us $150,000 to $250,000 or even more for a one year rotation assignment at LHR for at least some of the already trained younger CBP employees.
We'll pay for it in terms of more money, more time wasted and also in being increasingly subject to a deliberate ping-pong play between US authorities and UK authorities for "intelligence" and "law enforcement" purposes that have little or nothing to do with immigration or customs violations.
There are things the UK can legally do to "suspect" travelers in the UK that the US cannot legally do to "suspect" travelers in the US, even when travel documents for the international trip are all in order. This "squeeze" play opportunity is intended to be exploited for intelligence and law enforcement operations -- even when dealing with dual UK-US citizens.
#19
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Great so instead of being harassed, delayed, and annoyed by a British security detail, I can get the same from an American. Although really I dont care because I avoid lhr like the plague.
#20
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Right! You have avoid U.K or Scotland. Don't fly to UK anymore. Stay away from UK.
#21
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Not really. You get the same treatment just in a different location. FWIW, I've found pre-clearance in Toronto a lot friendlier than MIA, ORD, LAX and JFK. YMMV.
#22
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Actually, you would get the worst of both worlds. You would have to deal with US Immigration and Customs, then, once you clear, you're off to the lovely experience that is UK airport security to get through to your flight.
#23
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I have done CBP PreClearance at YYZ a lot and there are enough guys there who have convinced me that they are less friendly toward me and my travel parties than their colleagues at ORD and JFK.
#24
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Have to admit that all things considered we already didn't like LHR for the hassle and can only imagine what it would be like to add another layer. "Please Sir, I want some more" comes to mind.
#25
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For pax flying from DUB to the US, who is paying? Do the fares include administrative costs?
Since lots of people are in GE (and more are added daily); pre-clearance is not a big time saver if you are in GE.
Since lots of people are in GE (and more are added daily); pre-clearance is not a big time saver if you are in GE.
#26
Join Date: Dec 2010
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I have to note a legal issue:
If you go through CBP/ICE on US soil, they have the authority to arrest you for e.g. an outstanding US warrant or for violation of US customs/immigration law at the border. They also have the authority to conduct suspicion-free strip searches (because you're at the US border and on US soil).
On foreign soil, there is no such authority. US law cannot be directly enforced in the UK, and having a US warrant or violating US customs/immigration is not grounds for arrest in the UK. They'd at most have to seek extradition, which is a whole separate process — and arguably you wouldn't have violated the law in the first place, since (e.g.) your [insert US-but-not-UK-banned import here] was never in fact transported into the US.
So preclearance people on foreign soil would have no lawful authority to search you, let alone to arrest you for violation of US law. They might have the authority to refuse you boarding (since the US can control its airspace, it can de facto deny your boarding by denying the plane entrance if you're on it, unless you're a US citizen in which case international treaties say you can't be forbidden from entering the US).
I would imagine that this is a problem for the government side of things.
If you go through CBP/ICE on US soil, they have the authority to arrest you for e.g. an outstanding US warrant or for violation of US customs/immigration law at the border. They also have the authority to conduct suspicion-free strip searches (because you're at the US border and on US soil).
On foreign soil, there is no such authority. US law cannot be directly enforced in the UK, and having a US warrant or violating US customs/immigration is not grounds for arrest in the UK. They'd at most have to seek extradition, which is a whole separate process — and arguably you wouldn't have violated the law in the first place, since (e.g.) your [insert US-but-not-UK-banned import here] was never in fact transported into the US.
So preclearance people on foreign soil would have no lawful authority to search you, let alone to arrest you for violation of US law. They might have the authority to refuse you boarding (since the US can control its airspace, it can de facto deny your boarding by denying the plane entrance if you're on it, unless you're a US citizen in which case international treaties say you can't be forbidden from entering the US).
I would imagine that this is a problem for the government side of things.
#27
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A SMALL minority of European based flyers are in GE
Last edited by Airbridge; Sep 14, 2014 at 5:54 pm
#28
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If the CBP pre-clearance is like on a transit at YYZ when flying AC from Europe or Latin America to the US, then PreClearance is often a time-eating nuisance for GE customers with checked luggage (at least relative to flying the same route if it didn't have US CBP pre-clearance and all formalities were at the US airport).
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#30
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There's another issue as well -- CBP always tries to intimidate me into answering their questions on arrival in the USA, and of course a favourite tactic is delaying clearance. I always make clear I'll wait all day if need be, but I am not answering any questions. Doing this before the flight is just a way for them to pressure you into co-operating, as it's easy for them to make you miss your flight.
Also, they might try to assert that as you are on British soil, your fifth amendment rights are not valid.
Also, they might try to assert that as you are on British soil, your fifth amendment rights are not valid.
The legal agreements are clear, that while US CBP/Immigration can do it's checks and decide to admit/deny you, that the law of the country still applies. ie unlike in the US CBP/Immigration can't arrest/detain you, they can't force you to go continue with the process. If you wish to not travel or just don't like the way the process is going, you can leave. They are also NOT allowed to carry weapons. If a passenger triggers a watch-list for warrants, CBP/Immigration has to contact the local police, who then decide if they have grounds to hold you. However while waiting for the police CBP can't force you to stay put. The officers are subject to national laws of the country they're in.
In my mind there's really no downside. If an air carrier doesn't want to us the pre-clearance they're not required to. If they want to use if for some flights but not others (say to offer a flight when the pre-clearance is closed) they're free to do so. You can decide to abandoned the process at any point. They can't detain you, and they don't get to carry weapons. You then get to arrive as a "domestic" flight, meaning no re-clearing security for your connecting flight.
Further CBP/Immigration doesn't get any more information then they currently do.