Over the past 12 months, I have personally noticed a substantial increase of clients’ accounts on unpleasant inspections and interrogations on entry to the United States, by members of CBP, the law enforcement agency operating under the umbrella agency Department of Homeland Security (DHS).
CBP Officers are charged with maintaining the security and integrity of the U.S. borders, while allowing for and promoting legitimate travel and trade. They are essentially the official “greeter” at the border. I can just hear many of my readers cringing and shaking their heads in disbelief…I know what you’re thinking!
Many have had the one or another unpleasant encounter with a CBP officer whose demeanor at the time may have been less than welcoming or cordial. So-called “hard secondary” inspections at the port-of-entry are NOT pleasant, and can often result in lengthy, very adversarial interrogations, detentions and those dreaded luggage searches. While these measures to the traveller on the receiving end are intimidating, burdensome and overall unpleasant, the Government argues that they are essential and necessary in a post-9/11 world.
Statistically, very few arriving travelers actually progress to secondary inspection on their attempted entry into the United States. According to some conservative estimates, some 95% of all arriving travelers are processed and admitted into the U.S. within 1 minute or less.
One noticeable trend on the rise is the increased search of travelers’ laptops and paper-files during the secondary inspection process. Particularly for travelers on the VisaWaiver or on B1/B2 Visas, the perceived (by CBP) intentions of maybe engaging in activities in the U.S., not allowed under those classifications can often lead zealous officers to literally dissect travelers’ belongings and look for “evidence” of wrongdoing…something as seemingly harmless as carrying along a stack of business cards, or commercial documents, or having lease documents with you can be used to intimidate and elicit self-incriminating information.
Laptops are frequentlysearched, files opened, emails read,internet bookmarks examined, etc…all in an effort to find traces of inappropriate or illicit purposes. The lesson here being: watch what you bring with you, be mindful of the data on your laptop. Asking the United States for permission to enter is tantamount to consent given to be questioned and searched.
To briefly recap: (1 )on entry to the United States, visitors are ‘greeted’ by members of CBP, who are charged with maintaining the security and integrity of the U.S.borders. (2) some travellers are subjectedto a so-called “hard secondary inspection”, which often result in lengthy, very adversarial interrogations, detentions and luggage searches. (3) on the rise is the increased search of travelers’ laptops and paper-files during the secondary inspection process, particularly for travelers on the Visa Waiver or on B1/B2 Visas. (4) oftentimes, zealous officers look for “evidence” of wrongdoing… watch what you bring with you, be mindful of the data on your laptop. (5) asking the United States for permission to enter is tantamount to consent given to be questioned and searched. By requesting admission into the United States you are giving CBP “carte blanche” for searching you electronically and physically, if they feel it necessary to do so.
The important thing is to not panic and to always keep your composure and calm and for heaven’s sake, remain polite and respectful. CBP officers smell fear and nervousness like trained bloodhounds, and nothing will aggravate the officer more than the mere appearance of disrespect or dishonesty (even if only perceived as such). Once you repeatedly tell yourself to ‘be nice’ and get your sweating under control, do whatever you can to keep your answers SHORT and CONCISE.
In my experience the worst secondary inspections are those where the intimidated traveller start stalking uncontrollably… CBP officersare extremely well-schooled to findinconsistencies and self-incriminatingstatements. It is important to try and ascertain the need/reason behind the secondary inspection. Is there something in your immigration history that caught the attention of the officer in the computer? Is there something in your passport amiss? Have your answers at the initial inspection caused the officer to inquire in more detail? … Gut-check time here: (in all honesty) WAS there something you were hoping to hide, or something you were hoping would remain undetected? … oftentimes,those who are apprehensive of the passport inspection, often have a reason to feel so.
Passport inspections by CBP are supposed to be routine, quick anduniform in application. We all knowthat’s not entirely so in practice, butkeep in mind that CBP wants to inspect and clear each traveller within 90 seconds or less. On any given day, at any Port-of-Entry, each day some 95%+ do get cleared withoutfurther a do.
For those who are in the United States, contemplating travelling internationally (and yes, having to reenter),I would advise to seek counsel from an immigration lawyer BEFORE you go, if you have ANY reason to be concerned about reentry. For those who are outside the United States, contemplating coming to the U.S., a strict form of “know before you go” is a MUST. You do not want to be standing at a Port-of-Entry in the U.S. after a long, transcontinental flight, only to be refused admission and sent back on that very same flight you just came in on, or even worse, spend a night in CBP custody (no room service!), before heading back to point of origin.Regardless of where one is, international travel and subsequentarrival at the U.S. border is a sweatinducingexperience for many.
Make sure your documentation is in order. (…and don’t forget your travel companions or family members): (1) are you subject to visa requirements? (2) if you are, do you have the appropriate visa for your purpose in the U.S.? (3) if travelling visa-free, have you complied with all conditions? (4) is your passport in compliance? (5) do you have necessary supporting documentation to present at the border? does the documentation match with and support your stated purpose? If you have (or could have) an issue which could affect your admissibility, discuss this with an immigration lawyer, BEFORE you travel.
Try not to give CBP any reasons to send you to secondary inspection. If you end up there anyway, do not panic. I always advise my clients to keep one of my business cards in their passport so they can contact me if necessary, if stuck at a Port-of-Entry. I also advise my clients carry a sealed envelope from me addressed to CBP, if the circumstances warrant a special written explanation, without which the traveller’s admission to the U.S.may be in jeopardy.
- Post Time: 12-26-15 - By: http://www.rfidang.com