Go Back  FlyerTalk Forums > Travel&Dining > Travel Safety/Security > Trusted Travelers
Reload this Page >

Global Entry Denial and Recourse

Global Entry Denial and Recourse

Old Sep 5, 2012, 4:08 pm
  #16  
 
Join Date: Jun 2007
Location: gggrrrovvveee (ORD)
Programs: UA Pt, Marriott Ti, Hertz PC
Posts: 6,092
Originally Posted by MR_MAMA
This doesn't make sense. There were no charges, so how would the CBP even be aware of this. The incident was determined at the time to be nothing, so there would be no record.

There has to be more to this.....
Or the official record says something along the lines of, "Searched on suspicion of transporting illegal drugs across borders." Ok, I made that up, but even though it was all just one big misunderstanding, it's not far-fetched to believe that the incident is on record like that.
gobluetwo is offline  
Old Sep 5, 2012, 5:48 pm
  #17  
 
Join Date: Feb 2010
Posts: 1,347
Originally Posted by MR_MAMA
This doesn't make sense. There were no charges, so how would the CBP even be aware of this. The incident was determined at the time to be nothing, so there would be no record.

There has to be more to this.....
There was a secondary inspection performed. That means regardless if charges were filed or not a record of that secondary inspection exists. The question should be what that record contains.

FB
Firebug4 is offline  
Old Sep 6, 2012, 2:37 am
  #18  
 
Join Date: Jul 2009
Location: DFW
Programs: AS, BA, AA
Posts: 3,670
Originally Posted by johnmm
You have 2 ways to approach this: contact a local global entry officer at your Global Entry Enrollment Center, or write to the CBP Ombudsman. I have posted some resources on my website that you are welcome to look at. I have the link to the Enrollment Center and the address for the Ombudsman. For following up or inquiring into an appeal, I have an entry on how to do that, which includes the email address of the Ombudsman. Good luck.
Welcome to FlyerTalk! It's always nice to have an attorney contributing in his specialty. ^
janetdoe is offline  
Old Sep 6, 2012, 1:48 pm
  #19  
 
Join Date: May 2005
Location: Dulles, VA
Programs: UA Life Gold, Marriott Life Titanium
Posts: 2,759
This was a secondary that found nothing at a land border crossing 36 years ago. I have a very hard time seeing how this would negatively affect a Global Entry app, which is why I don't think the OP has provided the full story.
catocony is offline  
Old Sep 6, 2012, 3:57 pm
  #20  
 
Join Date: May 2009
Location: Washington, DC
Programs: UA 1K 1MM, AA, DL
Posts: 7,494
Originally Posted by catocony
This was a secondary that found nothing at a land border crossing 36 years ago. I have a very hard time seeing how this would negatively affect a Global Entry app, which is why I don't think the OP has provided the full story.
I find it plausible that CBP made a negative notation in order to justify the 2-hour search, perhaps telling OP that he had failed to declare merchandise and letting him go with a "warning" that in the context and at the time OP simply took to be like a warning from a police officer not to go so fast.

From the event described it sounds like he did declare all the merchandise, but we don't really know if perhaps he didn't explicitly declare one of the pairs of jeans so that formed the basis for the warning.
drewguy is offline  
Old Sep 6, 2012, 4:27 pm
  #21  
Ari
FlyerTalk Evangelist
 
Join Date: Aug 2005
Location: Chicago
Posts: 11,513
Originally Posted by Firebug4
There was a secondary inspection performed. That means regardless if charges were filed or not a record of that secondary inspection exists.
What constitutes a secondary where a record is created? When I travel with commercial merchandise, I am frequently directed to the Customs secondary area (this area is actually red at ORD's FIS). Usually, they perform a cursory review of my invoice, confirm that I'm using the corrcet HTS code (which is almost always duty free for what I bring in) and they send me on my way. Sometimes they have me put my suitcases and boxes through an x-ray machine (I have a question about that, too) before sending me on my way. No officer has ever actually opened my suitcases or boxes for a physical inspection, both pre and post NEXUS membership. (Canada is a different story-- constant 'harassment' about my commercial merchandise until I got NEXUS).

So, when I go to the red area and spend 5 minutes clearing my commercial merchandise, is there a record of that as a 'secondary', or is that considered something other than a secondary? What's the threashold for a report being written? Is one written whenever any suitcase is opened (a secondary), or does there have to be something more?
Ari is offline  
Old Sep 6, 2012, 5:09 pm
  #22  
Moderator: Travel Safety/Security, Travel Tools, California, Los Angeles; FlyerTalk Evangelist
 
Join Date: Dec 2009
Location: LAX
Programs: oneword Emerald
Posts: 21,137
Originally Posted by Ari
Possibly because he...
She.
Originally Posted by dlfrflyer
It was only after a couple of hours and two hysterically crying coeds that I was allowed to call my father, who after hearing my weeping voice, demanded to speak with the agent-in-charge.
TWA884 is offline  
Old Sep 6, 2012, 8:26 pm
  #23  
Moderator: American AAdvantage
 
Join Date: May 2000
Location: NorCal - SMF area
Programs: AA LT Plat; HH LT Diamond, Maître-plongeur des Muccis
Posts: 62,946
I poop you not, I was detained because the family gardener at home was named "Fidel" and I had a note on me that stated "shirt for Fidel". Yes, secret code! FBI grilled me a bit, when I was through I was only medium done .

Fortunately, my vetting for my DOD security clearance got it taken care of and it never showed up for my GOES vetting - but these databases, well, one goes back to the mid-1950s and data can be entered in ways that are deleterious to one's application,

Write the CBP ombudsman, get it taken care of.


Originally Posted by Pesky Monkey
I hope you get things worked out as this is just silly.
I do love the CBP police work in that one. "Holy mackerel, it says hash jeans. It must be a secret code word for hash! Brilliant!"
JDiver is offline  
Old Sep 7, 2012, 12:31 am
  #24  
 
Join Date: Feb 2010
Posts: 1,347
Originally Posted by catocony
This was a secondary that found nothing at a land border crossing 36 years ago. I have a very hard time seeing how this would negatively affect a Global Entry app, which is why I don't think the OP has provided the full story.
I find the story to be very believable. It occurred 36 years ago. The customs service was very different back then. You are talking about older main frame computer systems that might only have allowed three lines of text to describe the incident. I can see where the officer didn't use those three lines of text efficiently and the true nature of the occurrence was not conveyed.

FB

Originally Posted by drewguy
I find it plausible that CBP made a negative notation in order to justify the 2-hour search, perhaps telling OP that he had failed to declare merchandise and letting him go with a "warning" that in the context and at the time OP simply took to be like a warning from a police officer not to go so fast.

From the event described it sounds like he did declare all the merchandise, but we don't really know if perhaps he didn't explicitly declare one of the pairs of jeans so that formed the basis for the warning.
The officer would not have felt the need to justify a two hour search especially 36 years ago.

FB

Originally Posted by Ari
What constitutes a secondary where a record is created? When I travel with commercial merchandise, I am frequently directed to the Customs secondary area (this area is actually red at ORD's FIS). Usually, they perform a cursory review of my invoice, confirm that I'm using the corrcet HTS code (which is almost always duty free for what I bring in) and they send me on my way. Sometimes they have me put my suitcases and boxes through an x-ray machine (I have a question about that, too) before sending me on my way. No officer has ever actually opened my suitcases or boxes for a physical inspection, both pre and post NEXUS membership. (Canada is a different story-- constant 'harassment' about my commercial merchandise until I got NEXUS).

So, when I go to the red area and spend 5 minutes clearing my commercial merchandise, is there a record of that as a 'secondary', or is that considered something other than a secondary? What's the threashold for a report being written? Is one written whenever any suitcase is opened (a secondary), or does there have to be something more?
That is not an easy question to answer because many times the answer is it depends. On a land border, it is when ever you have to go talk to a second officer, such as in the building etc most of the time. In the airport, it is a little easier to answer. When ever you have to talk to someone other than the officer in the primary booth or the officer at the exit collecting decs. If the officer on primary wants you to talk to someone else, it is notated in the computer, so the other officer in theory knows why the person is being secondaried that as to be closed out after the secondary. CBP is very serious about documentation so there are many checks in place to make sure this stuff happens.

FB

Last edited by essxjay; Sep 7, 2012 at 1:38 pm Reason: merge consecutive posts
Firebug4 is offline  
Old Sep 7, 2012, 1:19 am
  #25  
 
Join Date: Nov 2008
Programs: AA EXP, 2mm; Hilton Diamond
Posts: 325
Originally Posted by Firebug4
That is not an easy question to answer because many times the answer is it depends. On a land border, it is when ever you have to go talk to a second officer, such as in the building etc most of the time. In the airport, it is a little easier to answer. When ever you have to talk to someone other than the officer in the primary booth or the officer at the exit collecting decs. If the officer on primary wants you to talk to someone else, it is notated in the computer, so the other officer in theory knows why the person is being secondaried that as to be closed out after the secondary. CBP is very serious about documentation so there are many checks in place to make sure this stuff happens.

FB
Really interesting -- thanks for the insight. I'm curious as to whether an encounter I had was documented, and if so how. I had been approved for GE, but got an "X" due to what was apparently a clerical issue of some sort. Once I went to the primary station, I asked the officer I saw "Why the X?" and he said "Not entirely sure -- let me get you to go see someone in the office and see if we can get it straightened out for you." I talked to at least 2 officers but never really had to answer any questions -- the tone was generally one of trying to make sure I never got the X again.

The supervisors in the room looked at my passport for less than 5 minutes, then came out and said "We aren't sure what's going on, but you're clearly approved for GE. Once you leave the Customs area, go see the GE office and see if they can help."

Was my encounter documented? If so, was it documented as a "secondary"? Always been curious about what's in my file.


PS. Glad to see you back on FT. The debate forum often has some pretty one-sided extremism and vitriol, but I hope that doesn't drive you and others in your field away.
UshuaiaHammerfest is offline  
Old Sep 7, 2012, 1:40 pm
  #26  
Original Member
 
Join Date: May 1998
Location: PDX
Programs: TSA Refusenik charter member
Posts: 15,978
Originally Posted by UshuaiaHammerfest
PS. Glad to see you back on FT. The debate forum often has some pretty one-sided extremism and vitriol, but I hope that doesn't drive you and others in your field away.
I'll second that. ^
essxjay is offline  
Old Nov 15, 2012, 11:01 am
  #27  
Original Poster
 
Join Date: Oct 2008
Programs: you name it, i have it
Posts: 102
Sorry for my delayed response! I have been a bit busy with work and unable to check flyertalk like I used to.

I took everyone's advise and wrote to the ombudsman -- have not heard back yet -- but will keep you posted when I do.

I appreciate the guidance and hope, one day soon, I will be a global entry member. (I did get the TSA program, so domestically, I'm ok)

and btw catacony -- Ari is correct, I called my father because I was a scared young girl and I didn't know what to do -- as expected, he made it better - so hats off to all the fathers out there!!

and yes, I still want GE - so I am hoping the letter (shorter than my thread, and no apologies, as suggested), works.

Again - Thank you all!

Last edited by dlfrflyer; Nov 15, 2012 at 11:31 am
dlfrflyer is offline  
Old Jan 19, 2013, 11:23 pm
  #28  
 
Join Date: Jun 2007
Location: Vienna, Austria
Programs: united, delta, british
Posts: 135
Originally Posted by johnmm
Where is the failure to declare merchandise? This looks like a misunderstanding to me. Are you a flight risk due to this incident? You seem to have traveled many times without this being an incident. You probably do not have a criminal record. I do not understand CBP's concern over this. You paid for Global Entry and you should enjoy the benefits.

You have 2 ways to approach this: contact a local global entry officer at your Global Entry Enrollment Center, or write to the CBP Ombudsman. I have posted some resources on my website that you are welcome to look at. I have the link to the Enrollment Center and the address for the Ombudsman. For following up or inquiring into an appeal, I have an entry on how to do that, which includes the email address of the Ombudsman. Good luck.


Global Entry Information
Would writing the ombudsman also be appropriate for denial of ESTA? A friend who is now a citizen of a visa-waiver country admitted on his application that he had once (10 years ago) been denied a US visa when he was applying as a citizen of another country. So they made him get a visa, which he did (time and money, of course).

Now when he enters the US he gets amazingly rude questioning about why he has no ESTA. He explains, but they act like they don't believe him, hold him up for hours, cause missed connections, etc.

Can he appeal the ESTA denial?
bkcarolina is offline  
Old Jan 25, 2013, 3:41 pm
  #29  
FlyerTalk Evangelist
 
Join Date: Dec 2002
Location: Danville, CA, USA;
Programs: UA 1MM, AS MVP, WN CP, Marriott LT Plat, Hilton Gold, IC Plat
Posts: 15,961
There is definitely no reason to apologize. Whatever for? The fact that USG tore your auto apart based on the flimsiest of reasons and found no violation? No I think USG should be apologizing twice - once for the unwarranted search and again for improperly denying GE. The thread is really mistitled, because there was no mistake on your part.

Originally Posted by MR_MAMA
This doesn't make sense. There were no charges, so how would the CBP even be aware of this. The incident was determined at the time to be nothing, so there would be no record.

There has to be more to this.....
Originally Posted by catocony
This was a secondary that found nothing at a land border crossing 36 years ago. I have a very hard time seeing how this would negatively affect a Global Entry app, which is why I don't think the OP has provided the full story.
You obviously have no experience dealing with the US government. Did you somehow miss the release of FBI records that go years back? Do you have any conception of the databases that are maintained by CBP? Didn't think so. You have no basis to question credibility of OP.

Originally Posted by Ari
So, when I go to the red area and spend 5 minutes clearing my commercial merchandise, is there a record of that as a 'secondary', or is that considered something other than a secondary? What's the threashold for a report being written? Is one written whenever any suitcase is opened (a secondary), or does there have to be something more?
In my book secondary means your vehicle is directed to a secondary inspection area rather than being cleared to go by the first CBP agent at the booth. Many years ago I was told by a CBP agent that there is record of secondary that attaches to the vehicle by license plate (at least at the Mexican border). They type your license into the computer (these days I think it gets scanned by a camera and is already on the screen by the time you pull up) and get the history of violations, if any. Sure enough when my friend drove back through the border they immediately flagged the vehicle and did a quick secondary.

Last edited by Boraxo; Jan 25, 2013 at 5:11 pm
Boraxo is offline  
Old Jan 25, 2013, 9:25 pm
  #30  
mkt
 
Join Date: May 2005
Location: MIA/SJU/MCO
Programs: AA LT PLT; DL GLD, UA nothing, B6 Mosaic; Emerald Club Executive
Posts: 3,331
Originally Posted by Boraxo
They type your license into the computer (these days I think it gets scanned by a camera and is already on the screen by the time you pull up) and get the history of violations, if any. Sure enough when my friend drove back through the border they immediately flagged the vehicle and did a quick secondary.
Really? That might explain my detainment and secondary when crossing back into the US with a rental car last month.
mkt is offline  

Thread Tools
Search this Thread

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.