ESpen36

Did you just walk your child through after you completed GE kiosk formalities for yourself? If so, then you indeed violated procedures, because your child would never have legally entered the United States (i.e. the child's passport was not scanned, until the officer caught you at the exit).

If you are traveling with somebody (even an infant) who is not eligible to use the kiosks, that person MUST go through regular passport control processing, including filling out a paper customs declaration. YES...even if it is your child and he or she is accompanying you. YES....even if that child is too young to fill out forms or travel without assistance. CBP needs to document the entry of every person into the United States, regardless of age.

Passport control is an individual processing. Customs is one paper form per family if using regular processing, but is individual processing for GE members using the kiosks.

You were in the wrong here. The CBP officers were correct, and you could have lost your GE membership then and there. And, frankly, it could have been a lot worse. In essence, you attempted to smuggle your child (could have been ANY child) into the United States without completing any entry formalities for the minor. There would have been no formal record of your child's return to the United States. I'm not a lawyer, but I'm pretty sure that is a federal offense (violation of immigration regulations; even worse because a minor is involved).

You might be red-flagged in the future.

FlyingHoustonian

Before they allowed kids younger than 14 in the program I took my infants through GE several times and got head of the line on others when travelling with adult family and the kids. Now, it is expressly prohibited but before they added the under 14rule while you were not supposed to bring your kids many agents did allow it and there are many stories written on this site of it happening. I actually had an agent in Newark see my GE sticker from 30 feet away and pull us all out of line to the front. YMMV.

But I do concur now it is supposed to be strictly forbidden.
Did the agent scan your passport in anyway? If not you are probably not red flagged.

ESpen36

Front of line, perhaps. But they still had to be processed.


OT: Makes me wonder how it works if you fly to Canada or Mexico and then drive back over the border (where the agent usually just glances at you and waves you through, without swiping your passport into the system). How would the CBP computer system know you had returned Stateside? Could foul things up the next time you try to leave the country by air and and the airline swipes your passport for APIS purposes prior to boarding pass issuance.

(Or are all U.S. land border stations swiping individual passports/WHTI-complaint documents for each and every traveler nowadays?)

HkCaGu

The U.S. government does not track whether its citizens are outside or inside the country. It only matches arrivals through manifests of ships and planes, and requires airlines to report U.S. citizens' departures, and whatever itinerary information associated with their arrivals.

ESpen36

So the government would not care if you left by air, then returned by land or sea without a passport scan, and then tried to board another international flight to leave again? Or would the system be flagged because there was no record of you returning before departing again? (assuming a US Citizen/LPR)

HkCaGu

I don't think there is any legal basis for "caring" how you entered the country especially if a border scan is not mandatory. Even for many countries that have exit control (not exactly but even if applied in the U.S.), having an arrival record in order to depart would logically only apply to foreigners.

The U.S. Government requires airlines to collect immigration stubs from foreigners flying out of the country and collect information of citizens boarding an international flight. These data are not part of APIS and most likely are processed at a slower pace--at least for the paper stubs.

FlyingHoustonian

My children were never processed. I have written about here for years.
When I had another non GE adult with me we were processed

FlyingHoustonian

I've left on military aircraft, and private and biz aircraft and via land and sea borders without giving any info to the CBP and no passport info has been given on manifests (yes now GA aircraft must get "permission" but that is another story).

I've used one way tickets, official passports and tourist passports and dual citizen passports to travel and it is not all linked or tracked. Yes there are systems in place where countries share certain passport information, but that does not normally constiture any exit swipes (for the few places that actually swipe). Also, the US is not good at tracking exit controls via air (especially with airline reporting systems varying amongst carriers), and does not via land in most cases.

Even passport stamps are not a good indication for reasons too many to note here.

ESpen36

Actually, "information of citizens boarding an international flight" is definitely part of APIS. Look here for the complete details (PDF from the Federal Register).

Note that it says that APIS "requires that electronic manifest information for passengers onboard commercial aircraft arriving in and departing from the United States...be vetted by DHS against a government-established and maintained terrorist watch list prior to departure of the aircraft"

(bold emphasis mine)

milepig

GE saved my butt at EWR a few days ago.

Late arriving flight from MAN (thanks, UA!!). Lines were massive. Walked right up to a Kiosk and after fighting with the "improved" fingerprint scanners that DON'T WORK (CBP, is anyone working on this problem you introduced??) I whizzed through. Got to the customs station and lines were again massive. Don't know if I was supposed to, but saw "GLOBAL ENTRY EXIT" sign with an arrow, cut in line and got right through.

Made my connection to ORD with literally one minute to spare, lacking GE I'd never have made it.

SEA1K4EVR

Yes, you were supposed to..that's what it's there for!

milepig

It wasn't clear, since there was no special line - I just sort of elbowed my way to the front thinking "all these people are saying 'there goes one of those guys who think their special'"

FlyingHoustonian

CBP does not have full and normal access to all APIS hits when scanning your passport entering the United States at primary. If one leaves on a one ticket on Delta in january and return on a seperate PNR via BA in March, that does not initially pop up. Especially if one has multiple US passports. I have had three US passports at once (tourist 10 year, tourist 2 year, and official 5 year) but now just have official and tourist. Running of APIS for watchlists is different from CBP PNR records and the system that validates passports (which multiple countries have access too).

Also, one does not need to fill out APIS info for all transit avenues out of the United States.

ESpen36

Just a suggestion with the fingerprint scanners: PRESS HARD on the reader. Since the "improved" scanners were introduced, I have to press with almost my full wrist strength in order to get an "Excellent" reading on all four fingers. YMMV.

Boraxo

Nice legal conclusions but I am still searching for supporting material. So far I have reviewed the entire GOES website (both logged in and logged out) and can't find anything that discusses the subject of whether children can enter with a parent (which as others have noted was previously permitted). The closest topic is "Eligibility" which notes that "Applicants under the age of 18 must have the consent of a parent to participate" and Application Process which states that "Every individual who applies for Global Entry - including children - must create an individual GOES account" which of course begs the question. The only procedures that are outlined specify what to do at the GOES kiosk - they don't address family members. I could not find any agreement, any terms and conditions, nothing except a requirement that I comply with all the GOES rules (which I did - I did not answer any questions falsely on either the application or at the kiosk).

I take issue your bold assertion that I somehow tried to "smuggle my child into the US". First of all she is a US citizen and constitutionally entitled to enter the US as she wishes. Second as others have noted she would not even be asked to show ID at a land border. Third her entry was open and notorious, not hidden from anyone and I specifically mentioned it to the CBP officer who took my form.

I will certainly do my best to follow the rules but CBP needs to update its website and kiosk so that everyone knows the rules.