Complaint against CBP - worthwhile or not?
#16


Join Date: Mar 2012
Location: BUR
Posts: 778
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 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.
#17
Join Date: Apr 2014
Posts: 3
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.
#18
FlyerTalk Evangelist




Join Date: Mar 2008
Location: DFW
Posts: 30,985
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.
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.
#19
Join Date: Jul 2013
Posts: 1,872
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.
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.
Last edited by Blueskyheaven; Jun 4, 2015 at 11:31 pm
#20




Join Date: Dec 2010
Posts: 962
Yes, but read the linked article, coauthored by Judge Kozinski (9th Circuit).
#21
FlyerTalk Evangelist




Join Date: Mar 2008
Location: DFW
Posts: 30,985
Yes, but read the linked article, coauthored by Judge Kozinski (9th Circuit).
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.
#22




Join Date: Dec 2010
Posts: 962
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.
#23




Join Date: Jan 2009
Programs: Hilton Diamond, IHG Spire Ambassador, Radisson Gold, Hyatt Discoverist
Posts: 3,749
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.
#24


Join Date: May 2007
Location: LAS
Programs: DL Plat Medallion, WN A-List
Posts: 292
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.
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.
#26


Join Date: May 2007
Location: LAS
Programs: DL Plat Medallion, WN A-List
Posts: 292
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.
#27
FlyerTalk Evangelist




Join Date: Mar 2008
Location: DFW
Posts: 30,985
If a person believes they have been mistreated by CBP they should contact CBP.
[email protected]
or
1 877-246-8253
[email protected]
or
1 877-246-8253
#28
Join Date: Jul 2013
Posts: 1,872
If a person believes they have been mistreated by CBP they should contact CBP.
[email protected]
or
1 877-246-8253
[email protected]
or
1 877-246-8253
#29
FlyerTalk Evangelist




Join Date: Mar 2008
Location: DFW
Posts: 30,985

