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.

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

Welcome to FlyerTalk! It's always nice to have an attorney contributing in his specialty. ^

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.

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?

She.

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! :rolleyes: 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.

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

The officer would not have felt the need to justify a two hour search especially 36 years ago.

FB

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.

I'll second that. ^

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!

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?

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.

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.

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.

Really? That might explain my detainment and secondary when crossing back into the US with a rental car last month.