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Complaint against CBP - worthwhile or not?

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Complaint against CBP - worthwhile or not?

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Old Jun 4, 2015 | 10:36 am
  #16  
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Originally Posted by jphripjah
For what it's worth, they can absolutely identify the officer in question. Every time you are referred to secondary inspection, an electronic report is created identifying the agent who referred you, the reason he typed in for the referral, (so that the secondary officer can read it and know why you were referred) and the results of the inspection.

You can make an easy online FOIA request for all of your entry/exit and primary/secondary inspection records, they will black out a lot of the info, including the officers' names, but it might say "Passenger corporate666 was referred to secondary inspection by Officer (redacted) due to evasive answers to primary inspection questions" or something like that.

http://www.cbp.gov/site-policy-notices/foia

I once sent a letter complaining about CBP officers wrongfully seizing my anti-American propaganda from North Korea. I just sent it right to the airport's Port Director rather than following the procedure of making a request to Washington DC. It must have worked, they Fedexed me back my books and newspapers and postcards about three days later.
You should also try CBP ombudsman. Without going into too much detail, they actually helped me. It only took one letter with careful explanation of what happened. But it took them. 7 months to come to a resolution. I'm still glad that they resolved my situation.
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Old Jun 4, 2015 | 7:02 pm
  #17  
 
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I've begun writing letters, like actual paper letters to 3 people whenever I run into an unprofessional CBP officer. I use CBP.gov to get the Port Director & the Professionalism Services Manager name, and send it to the PD c/o the PSM. Then I CC: Assistant Commissioner for Field Operations (which all airports fall under). It's short, one paragraph and I state usually something to the effect of "the total interaction was under 30 seconds, but I found him hostile, unprofessional and _______". I then go on to state I sign the letter anonymously, for fear of retaliation. I don't know about you, but if somebody sent a letter about me to the VP of my division as well as my director and the HR person - I'd certainly take it seriously.
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Old Jun 4, 2015 | 7:15 pm
  #18  
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Originally Posted by saizai
Not quite true. You are probably a federal felon. It's just a question of finding something to charge you with.

However, after (if) you win the criminal case, you could sue them back for malicious prosecution, though that's very hard to win and (roughly speaking) prosecutors have absolute immunity for what they personally do as part of their job.
No one is a felon until convicted.
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Old Jun 4, 2015 | 11:11 pm
  #19  
 
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Originally Posted by corporate666
I arrived at BOS last night - upon getting to the baggage claim I turned on my phone as I was waiting a call from my ride. My phone rang as I was walking to the desk where you show your Global Entry receipt. I answered - it was my ride home - and they told me where they would be waiting and right as I was ending the call I heard the CBP agent at the desk say something, the following conversation ensued (as literally recounted as I can remember)

Me: Excuse me? I didn't hear you
CBP: I SAID SHUT OFF THE PHONE!!!
Me: Sorry, I didn't realize they weren't allowed here
CBP: WHEN I TELL YOU TO SHUT IT OFF, SHUT IT OFF!
Me: Uhh, sorry, I didn't hear you at first, I was waiting for a call about my ride
CBP: I don't care
Me: Excuse me?
CBP: I DON'T CARE!
Me: Well, I do care
CBP: I DON'T!!!
Me: I do
CBP: You like global entry?
Me: Yes
CBP: You keep up the wiseass bull**** and I will drop you from GE
Me: I was trying to be polite but it takes two to be polite
CBP: Go stand over at the yellow line for secondary inspection
Me: <lifts my bag off the floor to put it on the cart>
CBP: GO STAND OVER AT THE YELLOW LINE!!!
Me: I'm going, and I am taking my bags with me


After a couple of minutes, another officer came over and asked for my documents - I handed him my PP and GE receipt. He said "Oh, you're GE?" I said yes. He looks at the receipt and says "Did you forget to declare food items or something?". I replied that I had not, but the guy at the desk had become enraged when my phone rang as I was approaching the desk. This CBP agent sort of rolled his eyes and said "sorry, long day I guess... you're all set". I thanked him for his time, we made some small talk, we shook hands and he welcomed me home and I wished him a good night.

I have a few problems with the first CBP guy

1) He was rude and aggressive from the start, becoming more so when I didn't grovel before him

2) He threatened me (to remove my GE status).

3) He initiated a retaliatory secondary inspection for no reason other than he wanted to inconvenience me to the maximum possible.


I did not get the first guy's name or badge number, but I would recognize him in an instant and I could easily identify him in person.

My questions for anyone who read this far are

1) Is filing a complaint worthwhile? Or do they go nowhere and achieve nothing?

2) Have other pax filed complaints over rude/aggressive treatment by CBP personnel? Were they treated seriously or brushed aside?

3) Does a singular CBP officer have the authority to remove someone from GE? I believe all they could do would be initiate a strike against my membership, but I am sure there are circumstances whereby someone will be kicked out of GE. I am sure "the pax talked back to me" isn't grounds for GE dismissal, so presumably his thread to eliminate me was both a hollow one and/or signaled his intent to make something up which would be grounds to remove me.

4) In such cases, is it best to ask for a supervisor? When I looked at the CBP site, they have a complaint form where they ask for the name and badge number of the agent in question. So presumably CBP officers are obligated to give a name and/or badge number upon request? Is that the best option or is it better to escalate to a supervisor during the incident? If you ask for a supervisor do they have to comply or are they free to refuse?


Any other advice on handling such situations is appreciated. I realize stories like these are always told in the light that is most beneficial to the aggrieved party telling the story, but I have listed the exact language as carefully as possible.

Thanks.
They will reply you with email saying they got it and will review it but due to privacy reasons they can't tell you what they will do! I have done twice = against a CBP officer on power trip during a recent outbound flight & a CBP officer at the border for rudely questioning me about my national origin, demanding I show legal alien immigration green card even though I already handed him my US passport book and US passport card. You get official reply with a Senator or Congressman/woman help. I had a lawyer telling me they protect their buddies but every complaint filed stays on record and that means they will know someone complained against this officer. Strike 1

Last edited by Blueskyheaven; Jun 4, 2015 at 11:31 pm
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Old Jun 5, 2015 | 7:04 am
  #20  
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Originally Posted by Boggie Dog
No one is a felon until convicted.
Yes, but read the linked article, coauthored by Judge Kozinski (9th Circuit).
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Old Jun 5, 2015 | 7:35 am
  #21  
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Originally Posted by saizai
Yes, but read the linked article, coauthored by Judge Kozinski (9th Circuit).
I haven't read the complete article but the gist of it is that many people could be prosecuted for some violation of the law. Correct?

I think we can all acknowledge that there are so many laws on the books that it is near impossible for the average person to know them all and inadvertently having a violation.

Regardless only after being prosecuted can they be found guilty.

The question is does government have the resources to prosecute every single violation? And if they did just how long would some of those laws remain on the books.
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Old Jun 5, 2015 | 12:48 pm
  #22  
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Originally Posted by Boggie Dog
I haven't read the complete article but the gist of it is that many people could be prosecuted for some violation of the law.
Not just "could be prosecuted" anyone can be "prosecuted" but that almost everyone actually is guilty of a federal felony. Whether that has been proven is another issue. The problem, as Judge Kozinski points out, is that this enables selective prosecution. If an AUSA wants to indict you, they can probably find something you're in fact guilty of.

There are nowhere near the resources to prosecute every violation, nor even to litigate every prosecution currently being made (the vast supermajority of which are pled out). The justice system would be completely gridlocked if every criminal accusation actually had a full trial.

It's hard to imagine most the laws would remain on the books if everyone guilty (i.e. basically every person in the country) were actually prosecuted.
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Old Jun 5, 2015 | 3:49 pm
  #23  
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Originally Posted by FlyerTalkUser2014
I've begun writing letters, like actual paper letters to 3 people whenever I run into an unprofessional CBP officer. I use CBP.gov to get the Port Director & the Professionalism Services Manager name, and send it to the PD c/o the PSM. Then I CC: Assistant Commissioner for Field Operations (which all airports fall under). It's short, one paragraph and I state usually something to the effect of "the total interaction was under 30 seconds, but I found him hostile, unprofessional and _______". I then go on to state I sign the letter anonymously, for fear of retaliation. I don't know about you, but if somebody sent a letter about me to the VP of my division as well as my director and the HR person - I'd certainly take it seriously.
Can you provide a direct link to the page listing port directors?
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Old Jun 7, 2015 | 11:36 am
  #24  
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Cell phone use in the immigration and customs hall is absolutely prohibited. If anyone is a regular international traveler they know that.

I see "no cell phone use" signs all the time when I come back to the U.S. Best thing is to turn it off after you exit the aircraft. If you forget to turn it off it rings, don't even think of answering it. I once saw a person chatting on the phone at LAS customs baggage claim a few years ago and the custom agent yelled at the top of his lungs, "Turn off the phone!". This is not uncommon.
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Old Jun 7, 2015 | 12:17 pm
  #25  
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Originally Posted by G702TT
Cell phone use in the immigration and customs hall is absolutely prohibited.
Under what statute or regulation? A sign is not a law.
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Old Jun 7, 2015 | 12:32 pm
  #26  
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Originally Posted by saizai
Under what statute or regulation? A sign is not a law.
Don't have a law or statute off the top of my head. Just going by experience in choosing those practices that give one the best chance of having the most pleasant and swift entry process that is possible. I've seen people reprimanded for years on this one. If they want to get into a legal argument with a CBP officer, that is their choice but it would not be mine.
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Old Jun 7, 2015 | 1:20 pm
  #27  
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If a person believes they have been mistreated by CBP they should contact CBP.

[email protected]

or

1 877-246-8253
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Old Jun 7, 2015 | 7:24 pm
  #28  
 
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Originally Posted by Boggie Dog
If a person believes they have been mistreated by CBP they should contact CBP.

[email protected]

or

1 877-246-8253
Can you tell me bit more about the email? who it goes to ?
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Old Jun 7, 2015 | 10:11 pm
  #29  
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Originally Posted by Blueskyheaven
Can you tell me bit more about the email? who it goes to ?
I found that contact plus others on a CBP FAQ document. The link was in one of the current threads, perhaps on Omni.
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Old Jun 7, 2015 | 10:26 pm
  #30  
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Originally Posted by saizai
under what statute or regulation? A sign is not a law.
41 c.f.r.  102-74.385
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