As a US citizen, what questions is Customs permitted to ask you on arrival in the US?
Dec 26, 2007, 5:29 am
#46
Suspended
Join Date: Jul 2007
Location: Doha, Qatar
Programs: Air Canada Aeroplan, Lufthansa Miles & More, Flying Blue, Hyatt Gold Passport
Posts: 1,894
The officer can ASK most any question they want (within reason of course, ie-no probing into one's sex life, etc. 
). The question is not can they ask, the question is - is one required to answer?
The answer to that is - it depends.
Most US citizens don't need to answer much at the Immigration portion of arrivals. Its the Customs portion that's more pertinent. They may ask you though where did you visit, how long, etc. and always remember one can be secondaried and search for little to no cause at arrivals. Evasion or refusal to answer may be considered by the officer "this is taking too long - send to secondary."
Honestly, though, a cop asking, say, for permission to search your car is fine. He can ask and one can say yes or no. The question comes in is what is permissible absent consent.
). The question is not can they ask, the question is - is one required to answer?The answer to that is - it depends.
Most US citizens don't need to answer much at the Immigration portion of arrivals. Its the Customs portion that's more pertinent. They may ask you though where did you visit, how long, etc. and always remember one can be secondaried and search for little to no cause at arrivals. Evasion or refusal to answer may be considered by the officer "this is taking too long - send to secondary." Honestly, though, a cop asking, say, for permission to search your car is fine. He can ask and one can say yes or no. The question comes in is what is permissible absent consent.
Dec 26, 2007, 5:51 am
#48
FlyerTalk Evangelist
Join Date: Mar 2005
Location: 60137
Posts: 10,498
Dec 26, 2007, 7:48 am
#49
Join Date: Aug 2006
Location: DCA / WAS
Programs: DL 2+ million/PM, YX, Marriott Plt, *wood gold, HHonors, CO Plt, UA, AA EXP, WN, AGR
Posts: 9,388
I have a LOT of US stamps in my US passport - at least half the entries were stamped at airports including JFK, ATL, CVG, IAH, and YVR (clearing US immigration).
Dec 26, 2007, 7:50 am
#50
FlyerTalk Evangelist
Join Date: Sep 2007
Location: SJC, SFO, YYC
Programs: AA-EXP, AA-0.41MM, UA-Gold, Ex UA-1K (2006 thru 2015), PMUA-0.95MM, COUA-1.5MM-lite, AF-Silver
Posts: 13,437
He made a mistake asking you about the purpose of your visit. People do make mistakes. Why waste your energy on a philosophical battle that carries onto Internet message boards long after the incident happened? Best to just tell him you are visiting family for the holidays and forget about it. You will never see that agent again.
It's they way all English speaking countries are as far as I can tell.
Dec 26, 2007, 7:52 am
#51
FlyerTalk Evangelist
Join Date: Sep 2007
Location: SJC, SFO, YYC
Programs: AA-EXP, AA-0.41MM, UA-Gold, Ex UA-1K (2006 thru 2015), PMUA-0.95MM, COUA-1.5MM-lite, AF-Silver
Posts: 13,437
Dec 26, 2007, 8:12 am
#52
Suspended
Join Date: Jan 2002
Posts: 22,778
I am a US citizen living abroad. Came home for xmas recently and the customs guy was grilling me about the "purpose of my visit". I told him I had no "purpose", I was an American coming home for xmas, like everybody else. He insisted, no I must have a "purpose". I told him that regardless of where I was resident, I was a taxpaying (Uncle Sam is quit eager to tax and double-tax citizens abroad, to the point of obsession), passport carrying American and I didnt need a "reason" to re-enter or exist in my own country.
He seem to find this objectionable.
Do you think the officer assumed you were returning home from travel abroad and was asking the purpose of your trip abroad?
I dont mind them asking me where I have been of if I am carrying anything illegal, but are they constitutionally allowed to demand reasons for wanting to be in your own country, when you are simply exercising your right as a US citizen to do so? Sounds peverse to me.
He seem to find this objectionable.
Do you think the officer assumed you were returning home from travel abroad and was asking the purpose of your trip abroad?
I dont mind them asking me where I have been of if I am carrying anything illegal, but are they constitutionally allowed to demand reasons for wanting to be in your own country, when you are simply exercising your right as a US citizen to do so? Sounds peverse to me.
Dec 26, 2007, 2:06 pm
#53
Join Date: May 2002
Location: Cows in Berkeley?....Moooo!
Programs: Fly Amtrak, Go Greyhound! I'm often wrong but always sincere.
Posts: 7,102
Ding, Ding, Ding...Winner
It's all subtle interrogation, they are looking for reaction and anything to give them cause to search further.
Dec 26, 2007, 3:38 pm
#54
FlyerTalk Evangelist
Join Date: Mar 2004
Location: Newport Beach, California, USA
Posts: 36,062
I've found Customs to almost always be pretty good -- polite, friendly and efficient. Returning home from China two weeks ago, I was given a secondary that consisted of hoisting my luggage onto a giant x-ray machine, and answering one question ("What's in the canisters?" "Tea"). I wasn't thrilled at having to lift my over-weight bags onto the x-ray conveyor myself but, aside from that, the process was over quickly.
Dec 26, 2007, 7:04 pm
#55
Join Date: Aug 2004
Posts: 4,704
It's like that when I travel alone. When I travel with my wife, who is Chinese but a naturalized U.S. citizen with a U.S. passport, we (and usually she) are frequently given the third degree. Recently, returning through SFO, the "DHS Officer" was so abusive (and racist) that I filed I complaint with his supervisor. Naturally, nothing came of it, or, at least, I never heard of anything.
I've found Customs to almost always be pretty good -- polite, friendly and efficient. Returning home from China two weeks ago, I was given a secondary that consisted of hoisting my luggage onto a giant x-ray machine, and answering one question ("What's in the canisters?" "Tea"). I wasn't thrilled at having to lift my over-weight bags onto the x-ray conveyor myself but, aside from that, the process was over quickly.
I've found Customs to almost always be pretty good -- polite, friendly and efficient. Returning home from China two weeks ago, I was given a secondary that consisted of hoisting my luggage onto a giant x-ray machine, and answering one question ("What's in the canisters?" "Tea"). I wasn't thrilled at having to lift my over-weight bags onto the x-ray conveyor myself but, aside from that, the process was over quickly.
Dec 26, 2007, 7:15 pm
#56
Suspended
Join Date: Dec 2005
Posts: 9,916
Dec 27, 2007, 2:03 pm
#57
Join Date: Nov 2007
Location: First Terrace of Purgatory (look it up)
Posts: 320
Ingress into a nation, even by one of its citizens, is subject to examination. For one thing, are you really a citizen of that nation? Simply because you claim you are a citizen does not mean you can breeze in. They can ask questions to ensure you are you and you are not coming in to blow stuff up. Thus, the question was probably more to elicit your reaction and response rather than actual info. Example, you are asked why are you coming home? If the answer doesn't come up fast enough, or if you appear aggitated or somehow unable to even think or you answer "to visit my family in Utah" when the ticket clears you through only to NY, etc.
Another example: you are here to aid in other's illegal actions. for example, the NY Times noted the story in 2006 that Federal authorities have prevented two relatives of a father and son convicted recently in a terrorism-related case from returning home to California from Pakistan unless they agree to be interviewed by the F.B.I.
Also, try 18 USC 1541-1547 on the misuse of a passport.
Ultimately, they cannot stop you from entering back into the U.S. But can they ask you questions? You bet. Can you refuse? You bet. Can you be detained until the confirm your identity? You bet.
Remember: the 4th Amendment only prohibits "unreasonable" search and seizure. What is "Reasonble" to ask at a border crossing is very different that what would be reasonable to ask if you were walking down the street minding your own business.
Dec 27, 2007, 2:07 pm
#58
Join Date: Nov 2007
Location: First Terrace of Purgatory (look it up)
Posts: 320
Dec 27, 2007, 2:10 pm
#59
Join Date: Nov 2007
Location: First Terrace of Purgatory (look it up)
Posts: 320
You were asked standard questions. No one stopped you. And yet, they have every right to ensure you are who you say you are, that you are in fact a US citizen, etc. Moreover, as someone noted elsewhere, it is decidely possible the purpose of the question was determine if you were a business traveller and thus subject to carrying-currency-over-a-certain-amount rules/laws that you would have to declare the currency or taxation factors.
Last edited by essxjay; Dec 27, 2007 at 2:53 pm Reason: Excessive sarcasm removed
Dec 27, 2007, 2:12 pm
#60
Join Date: Nov 2007
Location: First Terrace of Purgatory (look it up)
Posts: 320
Everything's a Bush/Rove/police state/Halliburton/9-11 conspiracy!