Go Back  FlyerTalk Forums > Travel&Dining > Travel Safety/Security > Practical Travel Safety and Security Issues
Reload this Page >

Border agent -- "we can deport you for not having your passport"

Community
Wiki Posts
Search

Border agent -- "we can deport you for not having your passport"

Thread Tools
 
Search this Thread
 
Old Nov 29, 2010, 12:20 pm
  #16  
FlyerTalk Evangelist
 
Join Date: Feb 2000
Location: Winter Garden, FL
Programs: Delta DM-3MM United Gold-MM Marriott Lifetime Titanium Hertz President's Circle
Posts: 13,498
Originally Posted by drewguy
This relates to foreigners in the US, so the 85% of americans without passports it's not an issue. Of course, a foreigner could claim to be american.
Isn't that the whole point? Lots of American citizens were born elsewhere. Do they have to carry passports? I don't think so. They have the same rights as all other citizens.

Bruce
bdschobel is offline  
Old Nov 29, 2010, 12:22 pm
  #17  
 
Join Date: Aug 2010
Location: LGA - JFK
Programs: UA, AA, DL, B6, CX, KE, Latitude, VIFP, Crown & Anchor, etc.
Posts: 2,589
Originally Posted by Firebug4
It is just a matter of identifying the person which is not as difficult as you might think. It is not a bluff but it is the most extreme example. FB
It's done mostly via fingerprints as it will go to the centralized databases & NCIC checks also for warrants.

The way things are going lately, HS is probably dreaming up additional biometrics, retina scan and DNA markers - and imposed a new Homeland Security surcharge to offset the additional expenses and reduce our growing deficit. Gotta have a sense of humor in all these - laughing yet - stop & think about it .... yeah, no kidding and it could happen.

Now that the President has proposed freezing federal worker's pay for next 2 years (until he is re-elected, of course) - maybe it will slow things down just a tiny bit, but then again, NOT.
Letitride3c is offline  
Old Nov 29, 2010, 12:24 pm
  #18  
Suspended
 
Join Date: Jul 2009
Location: DCA
Programs: UA Gold
Posts: 1,653
Originally Posted by bdschobel
Isn't that the whole point? Lots of American citizens were born elsewhere. Do they have to carry passports? I don't think so. They have the same rights as all other citizens.

Bruce
This thread is not about US-citizens.
DeaconFlyer is offline  
Old Nov 29, 2010, 12:28 pm
  #19  
 
Join Date: Jan 2008
Location: Rio de Janeiro, Miami, Nice
Programs: Marriott Titanium, AA Concierge Key, Delta, United, Emorates, and others
Posts: 4,694
several of us are trying to bring logic into these requirements when logic need not be present in a regulation or a law. They can be arbitrary. Thus, while neither the UK nor the US accept national ID cards both require foreigners to carry proof of their legitimate status. Odd and brings all the questions that occupy the threads about Arizona law, among others.
jbcarioca is offline  
Old Nov 29, 2010, 12:29 pm
  #20  
 
Join Date: Aug 2006
Posts: 106
Originally Posted by AirBuffalo
We had a wonderful 'show of force' this morning at BUF where border control agents stood outside the security line, ahead of the TSA screeners, asking for country of birth and passport for non-citizens.
B
They are there a lot. First time I saw them last year I looked at the guy like he was crazy. They have never asked for my passport, just what country I was a citizen of (like the old days when crossing into Canada).

I do wonder what the purpose of border patrol can be at an airport that has no international flights (Canada doesn't count as 30% of the people flying out of BUF are Canadians), and how they can just ask you for id willy-nilly... especially since US citizens do not have to carry passports on their person (or even need to possess one).
xamsx is offline  
Old Nov 29, 2010, 12:31 pm
  #21  
 
Join Date: Aug 2010
Location: LGA - JFK
Programs: UA, AA, DL, B6, CX, KE, Latitude, VIFP, Crown & Anchor, etc.
Posts: 2,589
^
Originally Posted by bdschobel
Isn't that the whole point? Lots of American citizens were born elsewhere. Do they have to carry passports? I don't think so. They have the same rights as all other citizens.

Bruce
These rules apply to "foreigners" and non US citizens (so called Green Card holders in the old days) - visiting and traveling here. Even US Permanent Residents are supposed to carry their Alien Registration Card with them at all times.

I've been a naturalized US citizens for many, many years but in those days, all of the above are subject to annual registration including current address in the U.S. (I think it's still true today) so that they can come breaking down one's door in the pre-dawn hours to haul one off in your sleepwear.

If one is challenged and you loudly proclaim that you are a US (naturlized) citizen - they are supposed to leave you alone but I know of stories that they still demand to see some form of valid government/photo ID. If you look "foreign", look scare & otherwise have trouble challenging them back on their question - next thing you know, you are cuffed & taken away. And, yes, I been in that situation before and I look them straight in their eyes, told them to get lost & they moved on.
Letitride3c is offline  
Old Nov 29, 2010, 12:39 pm
  #22  
 
Join Date: Jun 2007
Programs: M&M, AA GLD, FB
Posts: 233
To fully answer OP's question:
A foreigner in the US is required to have a passport in their possession at all times. One advice given by employees / schools is to carry a copy of the passport bio page + visa/I94 in your wallet and keep passport + supporting documents at home / safe; apparently it should be enough for a reasonable CBP officer doing a fishing expedition.

As a footnote, literal interpretation of Arizona's "papers please" law would require all foreigners to carry both a passport AND the supporting documentation (like a I-20 or DS-2019) at all times. This is because visa is only required for entry into the US, it is not a proof of being allowed to be legally in the US... Same for I-94, which certifies legal entry into the country... and might not even have a clear annotation regarding allowed stay duration. For F and J visas, many are marked D/S which means... duration of status (go figure). D/S may be longer (& I guess shorter too) than the actual visa validity... and usually depends on the I-20 or DS-2019.

You can in theory verbally state that you are a US citizen, even if you are not. I don't know if you have to prove it or not, and how much "reasonable suspicion" they must have to actually demand a proof (birth certificate, govt-issued ID, etc). I guess if you are an alien, and you claim otherwise when asked at a checkpoint, and they find out, you are exposing yourself to quite some trouble.
TamCaP is offline  
Old Nov 29, 2010, 12:40 pm
  #23  
 
Join Date: Oct 2007
Location: Southeast USA
Programs: various
Posts: 6,710
[QUOTE=gojirasan;15332914]Wrong. In most countries that I have traveled you are not required to have your passport with you at all times. In fact I can't think of a single one where it is required. This includes communist countries. A photocopy is helpful if you get into some kind of trouble though. Usually if you get into trouble local law enforcement will escort you back to your hotel to get your passport.
QUOTE]

Oh, you are very wrong about this. China, for one, technically requires this. That said, it is risky to carry a passport around if you don't explicitly need it for some sort of official or banking business. Replacing a lost or stolen passport (and valid visas/residence permits) is not fun. I photocopy my information and current visa page, trim them, fold them up and keep in my wallet just in case of a stop. My passport normally stays home. I suggest that for a non-citizen travelling or living outside their own country, this is not a bad strategy for the average situation. Most law enforcement will understand the cautiousness of not wanting to carry around an original all the time.
jiejie is offline  
Old Nov 29, 2010, 12:46 pm
  #24  
 
Join Date: Apr 2006
Location: LIS/ATL/other
Programs: UA 1K, Avis PC, Hertz PC, Sixt Plat, Marriott Gold, HH Silver
Posts: 1,983
Originally Posted by TamCaP
As a footnote, literal interpretation of Arizona's "papers please" law would require all foreigners to carry both a passport AND the supporting documentation (like a I-20 or DS-2019) at all times. This is because visa is only required for entry into the US, it is not a proof of being allowed to be legally in the US... Same for I-94, which certifies legal entry into the country... and might not even have a clear annotation regarding allowed stay duration. For F and J visas, many are marked D/S which means... duration of status (go figure). D/S may be longer (& I guess shorter too) than the actual visa validity... and usually depends on the I-20 or DS-2019.
And, of course, the Arizona state trooper is expected to know all this.
CaptainMiles is offline  
Old Nov 29, 2010, 12:51 pm
  #25  
 
Join Date: Nov 2010
Posts: 70
Originally Posted by CaptainMiles
And, of course, the Arizona state trooper is expected to know all this.
I would hope that is not too difficult for a trooper to know. Troopers are at least required to have a Criminal Justice degree, in most states vs. TSA screener requirements.
PartlySunny is offline  
Old Nov 29, 2010, 12:57 pm
  #26  
 
Join Date: Feb 2010
Posts: 1,347
Originally Posted by TamCaP
To fully answer OP's question:
A foreigner in the US is required to have a passport in their possession at all times. One advice given by employees / schools is to carry a copy of the passport bio page + visa/I94 in your wallet and keep passport + supporting documents at home / safe; apparently it should be enough for a reasonable CBP officer doing a fishing expedition.

As a footnote, literal interpretation of Arizona's "papers please" law would require all foreigners to carry both a passport AND the supporting documentation (like a I-20 or DS-2019) at all times. This is because visa is only required for entry into the US, it is not a proof of being allowed to be legally in the US... Same for I-94, which certifies legal entry into the country... and might not even have a clear annotation regarding allowed stay duration. For F and J visas, many are marked D/S which means... duration of status (go figure). D/S may be longer (& I guess shorter too) than the actual visa validity... and usually depends on the I-20 or DS-2019.

You can in theory verbally state that you are a US citizen, even if you are not. I don't know if you have to prove it or not, and how much "reasonable suspicion" they must have to actually demand a proof (birth certificate, govt-issued ID, etc). I guess if you are an alien, and you claim otherwise when asked at a checkpoint, and they find out, you are exposing yourself to quite some trouble.
Please be careful of the information you post. The information you have posted is incorrect. Federal law only requires that an alien carry their registration document. For a non-immigrant that is the I-94. For an immigrant that would be their green card. A passport is not legally required but is a good idea. This is true for most non us citizens but like every thing else there are exceptions.

FB

Originally Posted by CaptainMiles
And, of course, the Arizona state trooper is expected to know all this.
Actually, no because we are for the large part discussing Federal Immigration Administrative law and not criminal law.

FB

Last edited by Kiwi Flyer; Dec 1, 2010 at 12:07 am Reason: merge consecutive posts
Firebug4 is offline  
Old Nov 29, 2010, 1:09 pm
  #27  
 
Join Date: Apr 2004
Location: Ottawa
Programs: Cessna TTx Self-Fly
Posts: 2,982
Originally Posted by Firebug4
Please be careful of the information you post. The information you have posted is incorrect. Federal law only requires that an alien carry their registration document. For a non-immigrant that is the I-94. For an immigrant that would be their green card. A passport is not legally required but is a good idea. This is true for most non us citizens but like every thing else there are exceptions.

FB
So should a Canadian citizen vacationing in the US carry their passport at all times?
OttawaMark is offline  
Old Nov 29, 2010, 1:14 pm
  #28  
 
Join Date: Nov 2010
Location: SAN
Posts: 284
I only became a US citizen this year but before that I wsa a green card holder and before that an H1B holder. I knew about the law requiring the carrying of registration papers - I understood it to mean I-94 + passport although it was based on being told by someone else so it could have been I-94 only.

It is a hassle to have to carry your passport everywhere while living here - imagine taking it to the grocery store or some other everyday place. The I-94 is a piece of paper that you can lose easily. It would be far more practical to issue foreigners living here with some form of laminated ID the can carry in their wallet if the CBP really requires this.

In reality I never carried my I-94 or passport around with me. Once I got the green card that always was in my wallet. Now as a Citizen I carry a passport card in my wallet.

Last edited by blue_can; Nov 29, 2010 at 1:21 pm
blue_can is offline  
Old Nov 29, 2010, 1:17 pm
  #29  
Suspended
 
Join Date: Jul 2001
Location: Watchlisted by the prejudiced, en route to purgatory
Programs: Just Say No to Fleecing and Blacklisting
Posts: 102,095
US government has even deported US citizens who didn't show documents to US DHS employees indicating citizenship/immigration-related status. It's not legally supposed to happen, but it has happened.

As it happens to US citizens due to DHS employees, so can it and worse happen to non-US citizens due to the same.
GUWonder is offline  
Old Nov 29, 2010, 1:18 pm
  #30  
 
Join Date: Jun 2007
Programs: M&M, AA GLD, FB
Posts: 233
Originally Posted by Firebug4
Please be careful of the information you post. The information you have posted is incorrect. Federal law only requires that an alien carry their registration document. For a non-immigrant that is the I-94. For an immigrant that would be their green card. A passport is not legally required but is a good idea. This is true for most non us citizens but like every thing else there are exceptions.

FB
Of course IANAL is en force. Would you mind posting a reference to this? My International Officer has drilled into my head that passport is a requirement (I guess also because the I-94 is usually stapled into the passport) if you are not a permanent resident / citizen.
TamCaP is offline  


Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.