can new US citizen refuse to answer unreasonable questions by CBP officer at airport?
Feb 13, 2009, 11:27 am
#31
Original Poster
Join Date: Dec 2008
Posts: 135
I was very surprised by the content of this link. A CBP agent forced a 7-months-pregnant US citizen to be shackled to a hospital bed for 3 days (this immobilization could cause increased risk of blood clots and pulmonary embolus) and force fed laxatives until she had repeated bowel movements, all of which tested negative for drugs. The woman delivered prematurely 12 days later, and her son was damaged by his prematurity, thought possibly to be linked to the excessive laxative use. Of course she retained an attorney who filed a lawsuit on behalf of the baby and mom.
A board certified physician, properly licensed to practice medicine would think very carefully before prescribing anything stronger than Tylenol for a pregnant woman, due to the risk of damage to the fetus, and the high probability of being held liable for any problem later found in the child.
I'm sure they want to catch drug mules, even if they are mothers, but what gives a CBP agent the right to risk harming an innocent fetus?
A board certified physician, properly licensed to practice medicine would think very carefully before prescribing anything stronger than Tylenol for a pregnant woman, due to the risk of damage to the fetus, and the high probability of being held liable for any problem later found in the child.
I'm sure they want to catch drug mules, even if they are mothers, but what gives a CBP agent the right to risk harming an innocent fetus?
one of the reasons that so many people take the risk and smuggle drugs is the relatively short sentences handed out. I am in favor of the harsh sentences for drug trafficking offense in countries such as Singapore: death penalty.
Feb 15, 2009, 3:31 pm
#34
A FlyerTalk Posting Legend
Join Date: Jun 2005
Posts: 57,519
I can only hope I get asked these questions some day. Of course, when I answer "Department of Justice" to the first question, I doubt they'll go much farther, but if they do, they won't like the answer they get.
Feb 15, 2009, 10:24 pm
#35
Join Date: Jul 2008
Posts: 1,849
It's not a good idea to get too mouthy with other public servants when you work for the same government as they do.
Feb 16, 2009, 9:01 am
#36
Join Date: Jan 2005
Posts: 221
Well after 10 yrs of flying, finally got a "secondary" in PHL by CBP. I was doing a RTW trip and hit up a few countries in Asia and Europe. I went to exit as normal, because no one told me otherwise.
Asked me if I was resident or alien (?) - something like that. Told I had no idea what he was talking about; I'm a citizen.
From the horror stories, wasn't sure what to expect. Went through my first check-in bag, found maps from the cities I visited, gifts, some German liquor, beach clothes, etc.
Went through my carry-on, but was mostly interested in a notepad I had from my travels. Flipped through almost every page. Saw my work badge. Didn't really bother with anything else in that bag.
I think he gave up because he spent only 1min on the (bigger) second check-in. Just looked at a wine bottle.
Questions asked:
-Is this your first time to any of these countries? (even though my passport had like 2 or 3 stamps for each country). - No.
-How did you travel with? - Friends.
-Do you know any co-workers names? - No.
-Where did you stay? - Hotels.
-Do you live alone? - With my cat.
-What type of work are you in?
-Name of the company?
-Where is the headquarters?
-Type of work? (asked once or twice).
As I was repacking, he typed a pretty long report of almost a page long into the computer. But surprisingly relatively courteous.
At the station next to me, a visitor (didn't speak English) go pulled over with 6 - 10 paraphernalia type objects (bongs) from the Caribbean. Agent said he was going to cut him a break this time with a warning.
Asked me if I was resident or alien (?) - something like that. Told I had no idea what he was talking about; I'm a citizen.
From the horror stories, wasn't sure what to expect. Went through my first check-in bag, found maps from the cities I visited, gifts, some German liquor, beach clothes, etc.
Went through my carry-on, but was mostly interested in a notepad I had from my travels. Flipped through almost every page. Saw my work badge. Didn't really bother with anything else in that bag.
I think he gave up because he spent only 1min on the (bigger) second check-in. Just looked at a wine bottle.
Questions asked:
-Is this your first time to any of these countries? (even though my passport had like 2 or 3 stamps for each country). - No.
-How did you travel with? - Friends.
-Do you know any co-workers names? - No.
-Where did you stay? - Hotels.
-Do you live alone? - With my cat.
-What type of work are you in?
-Name of the company?
-Where is the headquarters?
-Type of work? (asked once or twice).
As I was repacking, he typed a pretty long report of almost a page long into the computer. But surprisingly relatively courteous.
At the station next to me, a visitor (didn't speak English) go pulled over with 6 - 10 paraphernalia type objects (bongs) from the Caribbean. Agent said he was going to cut him a break this time with a warning.
Feb 16, 2009, 9:47 am
#38
Join Date: Jan 2008
Posts: 1,298
DOJ ? So WHAT ... no biggie
and even if you're a US Supreme Court justice -- CBP don't give a hoot or toot...
There are 'those' within the federal government that everyone is AFRAID of, (including FEMA, the CIA, the NRO, and or the 'Sneaky Service' itself), but, --
'junior-G-man,' -- it "ain't" YOU.
Keep smilin' it'll make everyone wonder whatcha been up to ...
Last edited by Boston_Bulldog; Feb 16, 2009 at 9:59 am
Feb 16, 2009, 10:49 am
#39
Join Date: Apr 2008
Posts: 843
If I only had a dime for every time I've heard, "Do you know who I am?" or "Do you know who I work for?", as I'm putting the cuffs on. Well OK, it doesn't happen that often, but, I'd have at least a $1.50.
Last edited by Good Guy; Feb 16, 2009 at 11:02 am
Feb 16, 2009, 10:55 am
#40
Join Date: Jul 2008
Posts: 1,849
"You're a public servant. You work for me!"
"No, I work for the public. Right now, you're just a suspect."
Feb 16, 2009, 11:01 am
#41
Join Date: Aug 2004
Posts: 4,704
Then again, it's usually the ways things are asked/answered more so than the actual questions themselves that's the problem in my experience.
Approach begets response.
Feb 16, 2009, 11:03 am
#42
Join Date: Aug 2004
Posts: 4,704
Feb 16, 2009, 11:10 am
#43
FlyerTalk Evangelist
Join Date: Mar 2004
Location: Newport Beach, California, USA
Posts: 36,062
Oh here we go again and again ... 
This discussion of "rights" versus CBP etc has been pretty well beaten to
death, yet nothing has changed in the extrordinary "acts" and
"presidential executive orders" to CHANGE this continued over-vigilance
by the power-hungry TSO, CBP, LEOs et al ... so DON'T hold your
breath waiting for it to be changed, either.
While it IS true that a LAW-ABIDING regular everyday US citizen cannot
be denied re-entry into the US; CBP and law enforcement DO HAVE the
right of DETENTION with or WITHOUT cause, IF the receiving officer on
duty feels it is necessary that said citizen should be processed for
an SSSS ... want that? then go ahead and sound off with them about
"rights" ...
The worst part is that NO REASON needs to be given the detained pax.
THAT's the way it is... Don't like it - Don't travel outside the US.
This discussion of "rights" versus CBP etc has been pretty well beaten to
death, yet nothing has changed in the extrordinary "acts" and
"presidential executive orders" to CHANGE this continued over-vigilance
by the power-hungry TSO, CBP, LEOs et al ... so DON'T hold your
breath waiting for it to be changed, either.
While it IS true that a LAW-ABIDING regular everyday US citizen cannot
be denied re-entry into the US; CBP and law enforcement DO HAVE the
right of DETENTION with or WITHOUT cause, IF the receiving officer on
duty feels it is necessary that said citizen should be processed for
an SSSS ... want that? then go ahead and sound off with them about
"rights" ...
The worst part is that NO REASON needs to be given the detained pax.
THAT's the way it is... Don't like it - Don't travel outside the US.
Questioning by immigration and customs officers is not so much about the questions asked, but about how the person being questioned responds. For example, with respect to the firearms questions, "I don't have tell you about firearms -- I have a 2nd Amendment right that ensures my right to have them," would probably be as good an answer as, "I have a 12-gauge shotgun at home," if both responses were given quickly and confidently. On the other hand, answering, "Uh . . . um . . . I . . . uh . . . I'm not sure," would probably invite inquiry.
Once, upon returning to SFO with Mrs. PTravel who is Chinese and a naturalized American, we were both subjected to incredibly rude questioning by the immigration control officer who, evidently, suspected me of smuggling Chinese sex slaves into the country. After a few minutes of this, I hit the ceiling, accused him of racism, identified myself as a lawyer and demanded to see his supervisor. He immediately passed us on, but I refused to move until I spoke with a supervisor. The supervisor came, I explained what happened, and he apologized profusely for his subordinate and said he would speak with him.
It's not the answers that matter, but the manner in which you answer.
Feb 16, 2009, 11:34 am
#44
Join Date: Aug 2004
Posts: 4,704
