MachoPichu

After a FOIA request from the ACLU, CBP released a list of Global Entry, NEXUS, FAST, and SENTRI memberships that were cancelled between October 1, 2016 and August 6, 2017, including due to the travel ban.

You appear to be listed on page 99:

Revocation Date Program Citizenship Birth Country External Comments Current Status

07/04/2017 09:55:28 NEXUS CA SA You do not meet the program eligibility requirements. R


If you believe that your NEXUS membership was revoked in part because of your place of origin, ethnicity, religion, or some combination of those or similar factors, you may wish to contact the ACLU attorneys who requested the records to let them know that your revocation was noted in the FOIA production and that you have concerns about potential unlawful or unconstitutional grounds of the revocation. Even as a Canadian citizen, you have certain rights under U.S. law as a TTP program member. You might be a potential test plaintiff in the travel ban litigation.

You may also wish to contact the Canadian Civil Liberties Association, which has publicly expressed concern about NEXUS revocations for Canadian citizens in the wake of the travel ban.

ACLU:

Vera Eidelman
veidelman (at) aclu dot org
212-549-2500
Speech, Privacy, and Technology Project
American Civil Liberties Union Foundation
125 Broad St., 18th Floor
New York, NY 10004

or

David Hausman
dhausman (at) stanford dot edu
Immigrants’ Rights Project
American Civil Liberties Union Foundation
125 Broad St., 18th Floor
New York, NY 10004

CCLA:

Canadian Civil Liberties Association
mail (at) ccla dot org
416-363-0321
90 Eglinton Ave. E
Suite 900
Toronto ON M4P 2Y3

Loren Pechtel

I think you've already indicated why your Nexus membership was pulled. Until we get more sane government I don't think you have a chance.

mr_a

I sure wish that this changes soon.

Sir, first of all I want to thank you for the amazing information that you provided!

You are 110% right. I do appear on page 99 (amongst many many others) and the timestamp states 9:55 and I got the email at 10:00 so that is definitely my record.

During my research I came across a Canadian lawyer Cyndee Todgham Cherniak who had represented some Canadian clients in the previous wave of revocations. I had a chat with her and she recommended FOIA request and bringing this issue to light by either contacting the press or local MP.

I did contact CBC but wanted to remain anonymous and they covered the story here and it was also covered on the radio for a day. Further to that story, NDP Immigration critic Jenny Kwan also commented on the article here.

I do understand that this trusted traveller program (and others) is a privilege and not a right but to me it is a matter of principle and giving everyone fair and equal treatment. To me this is pure discrimination that no one should tolerate and should speak against it.

My next steps would probably be following :

1. Contact my local MP.
2. Contact CCLA.
3. Contact ACLU and/or ADC (American-Arab Anti-Discrimination Committee) as they have also been dealing with these issues as reported here.

KDS777

I wonder what's going to happen to mine. I need to start the renewal process next month.

This year I imported a high value item (5 figures) that the CBSA decided to seized and reassess the transactional value on. I paid the fines/fees to get it back and then appealed for a refund of the difference, but my appeal was denied. I believe I am in the right according to the act, as does my lawyer, and those in the trade who regularly do it all the time, but I am not going to give my lawyer $5K to get $3K back, so I am going to sue the crown in small claims court myself.

I didn't do anything illegal or underhanded, it was all above board and done with an experienced customer broker, but it has come down to what is probably a technical difference of opinion. It's not like I was smuggling undeclared fish heads in my luggage bad got busted in YVR, etc.

My opinion of those employed by the CBSA is not printable here.

MachoPichu

You're welcome.

It sounds like you will be pursuing all three steps at the same time, which is a good idea.

Your MP might play a small role, like by sending a letter on your behalf or holding a press conference or such. Likewise, the CCLA might attempt to put pressure on Public Safety Minister Ralph Goodale to demand a joint investigation into NEXUS revocations (although Goodale has been very resistant to criticizing American border actions vis-a-vis Canadians in general).

The ADC has fairly limited reach. Occasionally they can draw some attention to a situation affecting their community. They also do not have many in-house attorneys or large outside law firms available to pursue litigation.

I think that any real opportunity to win back NEXUS is through the ACLU. Because they already have ongoing litigation against the travel ban and CBP actions based on the travel ban, they may be looking for test plaintiffs who were affected in this unique way (loss of Global Entry/NEXUS). This is especially likely because the were the ones who FOIA'd the list of GE/NEXUS revocations.

Even to the extent that NEXUS membership may be a 'privilege', and even as a Canadian citizen, under U.S. law, you gain certain vested rights as a TTP member and are entitled to procedural fairness before those rights can be withdrawn. In addition, if these revocations were made on the basis of suspect classifications like race, national origin, or religion, they must meet certain highly demanding tests that the courts almost invariably find have not been met. But you should contact the ACLU as soon as you can, as there are time limits in which to take action.

Loren Pechtel

Huh? How do they get to reassess a transaction they weren't a party to? Are they saying the sale price was a sham, that you colluded with whoever you bought it from to underprice it?

(I've often worried whether my wife might run into hassles with customs about the value of items--being a native-born Chinese she will often pay half or even less what a good-negotiating tourist in China would pay for the same thing. Customs is going to compare values to what others have paid. So far the only challenge we've had is one official who couldn't accept that I hadn't picked up any of the cheap electronics in China. Like what, the "200gb" flash drives I had been seeing all over the place that trip? Unless it's something really cheap, if it's real and of decent quality it's going to be more expensive there than here.)

xero9

I do apologize if this is the wrong spot to post this. I thought about posting in the NEXUS thread, but it’s more of a CBSA issue.

So we just came back from a trip to the US and while in the air I filled out the declaration form. I ticked off ‘no’ to everything and put the amount purchased under my name and left the value for my wife and child blank.

Upon walking through the airport my wife pointed out that maybe the jam we bought might be considered fruit. We went to the NEXUS line and bypassed the kiosk and went to the lady manning the counter. As soon as we walked up I pointed out that we had jam and wondered if it was actually considered fruit. She began to rip us a new one how we should be fined $1,300 for making an incorrect declaration and should lose our NEXUS. She then said because I didn’t fill in “$0.00” for the other two travelers that was “a second strike and grounds for removal”.

Was she just on a power trip because she was working New Year’s Day, or did I really mess up? Obviously if they search my bags and find food I didn’t declare I’m in trouble, but it was seriously the first thing I said after I said good morning to her.

pewpew

I know CBP allows you to amend your declaration until you're caught. Does CBSA do the same? Currently on mobile so I can't check the Customs Act. According to the website though:

https://www.cbsa-asfc.gc.ca/travel-voyage/declare-eng.html#_s14

Having said that, as a Nexus card holder, you're supposed to know the rules. When you have to fill out a declaration card, you need to fill it out completely -- which it doesn't sound like you did.

Often1

The US practice is not because CBP "allows it" but because US law specifically permits an individual to amend a declaration.

Nothing in the post above helps to answer the OP's situation. He actually did complete a declaration and turn it in to CBSA. The quoted provision deals with a person who has not turned in a declaration and then seeks to amend it.

xero9

So it seems I was in the wrong?

I wonder why I got a free pass and not fined and had NEXUS revoked.

I honesty didn’t think I did anything wrong as when I fill out taxes with CRA everything blank is assumed “0.00”.

If I lose my trusted traveler status for a legitimate reason than so be it, but thought maybe she was power tripping.

Loren Pechtel

Jam most certainly is a fruit. You were in the wrong and Nexus/GE are very unforgiving.

xero9

mistermap

I've lost track of the current CBSA questions at the Nexus kiosk, but if it says food, the question of jam being fruit is moot.

xero9

KDS777

As this is an easily valued item with plenty of comparables available, the difference one might gain by undervaluing it is dramatically offset by the penalties. So, it's a zero sum game to try and do so.

They are saying there is no way to assess the veracity of the difference paid because there was a trade involved. Upon importation I supplied the original US vendors internet ad, copies of his bill of sale to me showing the trade, proof I purchased and paid for the trade item earlier in Canada, and paid taxes (and therefore duties as well), proof I sent it down by courier, copies of my bank wire transfer for the difference, etc. They charged me taxes/duty on the full amount as a result, which contravenes the act, and normal business practice.

It's not the end of the world if I get flagged and lose my NEXUS, as I travel with my wife who does not have one, therefore it is kind of useless, and when flying for business, I usually am at the airport when traffic is light. Just more concerned about constantly being flagged for secondary upon re-entering Canada.