NEXUS Revocations
Jan 1, 2018, 6:50 pm
#46
Join Date: Aug 2014
Location: #1 LGA, #2 JFK, #Never EWR
Programs: Riteaid wellness+ Gold, PlanetFitness Preferred Black, Hyatt Cubic Zirconia, Hallmark Crown Platinum
Posts: 203
Jan 1, 2018, 7:53 pm
#47
Join Date: Jan 2007
Programs: No single airline or hotel chain is of much use to me anymore.
Posts: 3,279
After that I just always had things shipped to me in the US.
Jan 1, 2018, 9:08 pm
#48
FlyerTalk Evangelist
Join Date: Jun 2005
Posts: 38,410
Yeah. I've given some stupid answers to the immigration people because it's the middle of the night by our clocks.
Jan 1, 2018, 11:54 pm
#49
Original Member
Join Date: May 1998
Location: NYC
Programs: AA 2MM, Bonvoy LTT, Hilton Diamond
Posts: 14,636
NEXUS kiosk has word food in it.
My rule of thumb is if you have to ask whether something should be declared, you should declare it.
E311 states:
My rule of thumb is if you have to ask whether something should be declared, you should declare it.
E311 states:
Meat, fish, seafood, eggs, dairy products, fruits, vegetables, seeds, nuts, plants, flowers, wood, animals, birds, insects, and any parts, products or by-products of any of the foregoing.
Jan 2, 2018, 6:22 am
#51
Original Member
Join Date: May 1998
Location: NYC
Programs: AA 2MM, Bonvoy LTT, Hilton Diamond
Posts: 14,636
Jan 2, 2018, 6:36 am
#52
Suspended
Join Date: Jun 2013
Location: Ontario, Canada
Programs: Aeroplan, IHG, Enterprise, Avios, Nexus
Posts: 8,355
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.
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.
Jan 3, 2018, 8:52 am
#53
Join Date: Jun 2012
Posts: 446
<deleted>
To answer some questions.. We did not use the kiosk because our child doesn't have iris/fingerprints on file. All three of us have NEXUS though, otherwise I'm positive I would have lost it for sure (rightfully so in that case).
Fair enough, but it's not like I waited until I got caught or at the very last moment. I said to her "Good morning.. By the way, I did put no to food, but we do have a jar of jam so I'm not sure if that needs to be changed".
To answer some questions.. We did not use the kiosk because our child doesn't have iris/fingerprints on file. All three of us have NEXUS though, otherwise I'm positive I would have lost it for sure (rightfully so in that case).
Fair enough, but it's not like I waited until I got caught or at the very last moment. I said to her "Good morning.. By the way, I did put no to food, but we do have a jar of jam so I'm not sure if that needs to be changed".
Last edited by TWA884; Jan 3, 2018 at 9:34 am Reason: FT Rule 18 - Discussion of Moderator Actions
Jan 4, 2018, 5:01 pm
#54
Join Date: Jan 2013
Programs: Mileage Plus
Posts: 186
I am in interested in the original poster's predicament. What was he supposed to have done while in the boat? Was he supposed to have called the Border Patrol and requested emergency landing rights? Should he have simply called 911 and asked for assistance and identified himself as a Canadian national? Given the claim that the return journey was dangerous I'm thinking maybe the 911 call would have been a good idea?
Jan 4, 2018, 5:15 pm
#55
Suspended
Join Date: Jun 2013
Location: Ontario, Canada
Programs: Aeroplan, IHG, Enterprise, Avios, Nexus
Posts: 8,355
I am in interested in the original poster's predicament. What was he supposed to have done while in the boat? Was he supposed to have called the Border Patrol and requested emergency landing rights? Should he have simply called 911 and asked for assistance and identified himself as a Canadian national? Given the claim that the return journey was dangerous I'm thinking maybe the 911 call would have been a good idea?
https://www.cbp.gov/travel/pleasure-...private-flyers
The first thing to be done if you land is to call.
Jan 5, 2018, 6:33 am
#57
Suspended
Join Date: Jun 2013
Location: Ontario, Canada
Programs: Aeroplan, IHG, Enterprise, Avios, Nexus
Posts: 8,355
Jan 8, 2018, 8:24 am
#58
Join Date: Jul 2009
Posts: 8
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.
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.
I have sent an email to CCLA but have not heard back from them yet.
I am drafting up my communication with local MP Salma Zahid and also possibly with MP Jenny Kwan to keep it short and effective.
It is frustrating to see that none of the officials are willing to help
. I will keep trying though.
Jan 12, 2018, 9:14 am
#59
Join Date: Jul 2009
Posts: 8
Just an update that I reached out to ACLU but they advised that because of resource constraints and substantive legal barriers, they are unfortunately not in a position to provide assistance.
I have sent an email to CCLA but have not heard back from them yet.
I am drafting up my communication with local MP Salma Zahid and also possibly with MP Jenny Kwan to keep it short and effective.
It is frustrating to see that none of the officials are willing to help. I will keep trying though.
I have sent an email to CCLA but have not heard back from them yet.
I am drafting up my communication with local MP Salma Zahid and also possibly with MP Jenny Kwan to keep it short and effective.
It is frustrating to see that none of the officials are willing to help
. I will keep trying though.
Jan 30, 2018, 5:47 pm
#60
Join Date: Jul 2009
Posts: 8
I am appalled. Today I received reply from CBP Ombudsman about my appeal to my Nexus revocation and here is what they have replied back with which seems like a generic reply to everyone who appeals :
From: CBP VC <[email protected]>
Sent: January 30, 2018 11:14 AM
To: MYNAME
Subject: RE: Request to reinstate revoked Nexus membership #MYMEMBERSHIP due to inaccurate information
Thank you for your correspondence requesting reconsideration for your Trusted Traveler membership. U.S. Customs and Border Protection (CBP) has completed a review of this matter. Please allow me to outline our findings.
Participation in CBP Trusted Traveler Programs is voluntary and is available to persons who pass a comprehensive background check. Applicants will not qualify for participation if they:
If you were revoked because you cannot satisfy CBP that all eligibility requirements are met, the decision stands. CBP may use information from other agencies when making eligibility decisions and is prohibited from releasing other agency information.
Applicants who do not qualify for participation are not prohibited from entering the United States. However, they are not permitted to use a Trusted Traveler dedicated lane to do so.
Thank you for your interest in the CBP Trusted Traveler Programs.
Regards,
CBP Ombudsman
Trusted Traveler Programs
/lg
Sent: January 30, 2018 11:14 AM
To: MYNAME
Subject: RE: Request to reinstate revoked Nexus membership #MYMEMBERSHIP due to inaccurate information
Thank you for your correspondence requesting reconsideration for your Trusted Traveler membership. U.S. Customs and Border Protection (CBP) has completed a review of this matter. Please allow me to outline our findings.
Participation in CBP Trusted Traveler Programs is voluntary and is available to persons who pass a comprehensive background check. Applicants will not qualify for participation if they:
- provide false or incomplete information on the application;
- have been convicted of any criminal offense or have pending criminal charges to include outstanding warrants;
- have been found in violation of any Customs, Immigration, or Agriculture regulations or laws in any country;
- are subjects of an investigation by any Federal, State, or local law enforcement agency;
- are inadmissible to the United States under Immigration regulation, including applicants with approved waivers of inadmissibility or parole documentation; or
- cannot satisfy CBP that all eligibility requirements are met.
If you were revoked because you cannot satisfy CBP that all eligibility requirements are met, the decision stands. CBP may use information from other agencies when making eligibility decisions and is prohibited from releasing other agency information.
Applicants who do not qualify for participation are not prohibited from entering the United States. However, they are not permitted to use a Trusted Traveler dedicated lane to do so.
Thank you for your interest in the CBP Trusted Traveler Programs.
Regards,
CBP Ombudsman
Trusted Traveler Programs
/lg