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-   Checkpoints and Borders Policy Debate (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate-687/)
-   -   Can a US citizen be denied entry back into the USA? (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/552319-can-us-citizen-denied-entry-back-into-usa.html)

cargoship Apr 26, 2006 9:07 pm

Can a US citizen be denied entry back into the USA?
 
Can a US citizen be denied entry back into the USA?
(a 100% law-abiding citizen with a valid US passport)


Is there somewhere in the law books or the Constitution
that guarantees a US citizen's right of entry?



Thanks!

FWAAA Apr 26, 2006 9:14 pm


Originally Posted by cargoship
Can a US citizen be denied entry back into the USA?
(a 100% law-abiding citizen with a valid US passport)

No.

mkt Apr 26, 2006 9:53 pm

Yes. I was denied entry when returning from Canada when I was a very drunk passenger in my friends car. The person at the border said that my "body is a container," and I was "smuggling alcohol." The same for the rest of the drunk passengers.

We had our buddy drop us off as a Holiday Inn in Windsor, he drove back to Detroit and picked us up in the morning with a change of clothes for all of us.

ralfp Apr 26, 2006 9:54 pm

The short answer to the question: no.


Originally Posted by cargoship
(a 100% law-abiding citizen with a valid US passport)

It is highly unlikely that such a person (over 18) exists. Ever "borrow" a pencil and forget to return it? Go 1mph over the speed limit?

Most people don't commit serious enough offences or annoy a LEO enough to have the laws enforced...

Joking aside, AFAIK, even criminals who as citizens cannot be denied entry, so long as they can prove citizenship. The government does, however, deny people the right to leave.

Sometimes, thankfully rarely, it forces people to give up their citizenship (sorry, they 'voluntarily' give it up): Hamdi and Arthur Rudolph for example.

ralfp Apr 26, 2006 9:58 pm


Originally Posted by mkt
Yes. I was denied entry when returning from Canada when I was a very drunk passenger in my friends car. The person at the border said that my "body is a container," and I was "smuggling alcohol." The same for the rest of the drunk passengers.

Wow. Scary. Were you under 21?

You could have been under your friend's exemption (1 liter). If you had more than 1 liter worth of vodka in you at the time, you wouldn't be posting now.

PatrickHenry1775 Apr 26, 2006 10:06 pm


Originally Posted by ralfp
Wow. Scary. Were you under 21?

You could have been under your friend's exemption (1 liter). If you had more than 1 liter worth of vodka in you at the time, you wouldn't be posting now.

Only 1 liter of vodka? Speak for yourself! :p

ZeppoX Apr 26, 2006 10:12 pm

made-up rules
 
Betcha there is no reg about drunks coming home.

When agents abuse their power, it should be reported. They have much better things to do than waste time in that way.

cargoship Apr 26, 2006 10:13 pm


Originally Posted by mkt
Yes. I was denied entry when returning from Canada when I was a very drunk passenger in my friends car. The person at the border said that my "body is a container," and I was "smuggling alcohol." The same for the rest of the drunk passengers.

We had our buddy drop us off as a Holiday Inn in Windsor, he drove back to Detroit and picked us up in the morning with a change of clothes for all of us.

Wow... that's almost like the incident they encountered, but there was no alcohol or anything illegal involved.

mkt Apr 26, 2006 10:16 pm


Originally Posted by ralfp
Wow. Scary. Were you under 21?

You could have been under your friend's exemption (1 liter). If you had more than 1 liter worth of vodka in you at the time, you wouldn't be posting now.

I was 20, almost 21 at the time. There were 5 of us in the car, 1-19, 1-20, 2-21... and the driver was one of the 21 yo's 18 year old brother. 4 of us were denied... the 18 year picked us up the next morning.

Since the drinking age in Canada is 19, I didn't think any part of is was illegal.

cargoship Apr 26, 2006 10:29 pm


Originally Posted by mkt

Since the drinking age in Canada is 19, I didn't think any part of is was illegal.

immigration/customs agents are not police officers.... thus they don't enforce drinking-age violations... I think... :)

ralfp Apr 26, 2006 10:32 pm


Originally Posted by PatrickHenry1775
Only 1 liter of vodka? Speak for yourself! :p

I dunno. People can DRINK 1 liter of vodka pretty quickly and not die, but the alcohol starts to get metabolized pretty quickly. Having 40cl of ethanol (1liter * 40%) in you some time after consumption...

cargoship should have been under the exemption for the people > 21...

However it appears that > 21 year olds were also denied entry. That seems very wrong. However, public intoxication is a crime in most the US, so the border guard was preventing the commision of a crime. :rolleyes:

Psychocadet Apr 27, 2006 1:17 am

Customs do enforce alcohol laws BUT im rather sure that your constitutiona rights were violated by not bieng allowed back in the US.

Doppy Apr 27, 2006 9:59 am


Originally Posted by ralfp
Wow. Scary. Were you under 21?

You could have been under your friend's exemption (1 liter). If you had more than 1 liter worth of vodka in you at the time, you wouldn't be posting now.

They could have just paid the excise tax, if necessary.

To me, this just sounds like an abuse of power.

Spiff Apr 27, 2006 10:14 am


Originally Posted by ralfp
If you had more than 1 liter worth of vodka in you at the time, you wouldn't be posting now.

Have you seen Leaving Las Vegas? The quantities consumed were not an exaggeration. :eek:

FliesWay2Much Apr 27, 2006 10:56 am


Originally Posted by mkt
Yes. I was denied entry when returning from Canada when I was a very drunk passenger in my friends car. The person at the border said that my "body is a container," and I was "smuggling alcohol." The same for the rest of the drunk passengers.

We had our buddy drop us off as a Holiday Inn in Windsor, he drove back to Detroit and picked us up in the morning with a change of clothes for all of us.

This sure sounds like a customs agent way out of control. It sounds as if you could have easily "surrendered" what you were "smuggling" -- Then, you no longer would have been a "container."

"You didn't throw up in front of Dean Wormer; you threw up ON Dean Wormer!"


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