> Legal precedents grant federal officers at ports of entry the power, without warrants, to require people to strip for a “visual inspection” of genitals and rectums, and to submit to a “monitored bowel movement” to check for secreted drugs.[1]
We did a deep-dive on court settlements by CBP for invasive searches and found quite a few extremely disturbing cases.[1]
> Some women were also handcuffed and transported to hospitals where, against their will, they underwent pelvic exams, X-rays and in one case, drugging via IV, according to suits. Invasive medical procedures require a detainee’s consent or a warrant. In two cases, women were billed for procedures
[1] "‘Shocked & Humiliated’: Lawsuits accuse Customs, Border Officers of invasive searches of minors, women." ( https://publicintegrity.org/immigration/shocked-and-humiliat... )
A woman was detained at Philadelphia International Airport on her return from Punta Cana. After a few hours (~7hrs) of questioning she is pressured to sign a consent form, denied a consultation with an attorney and forcefully shackled and transferred to a hospital for a "monitored bowel movement" (This involves defecating in the presence of a CBP officer; No warrant needed).
She was then involuntarily committed to the hospital for "elevated heart rate" where she was forcefully stripped, underwent a "close visual inspection", administered lorazepam and olanzapine through IV, underwent an X-Ray, CT Scan along with a urine and blood workup - all of which came back negative for drugs or other contraband.
This entire ordeal lasted nearly 24 hours. After which, she was taken back to the airport and released to drive home. During her drive from the airport, she crashes into a highway median. She alleges that the she wasn't advised about the adverse effects of the medications being used to sedate her and that the medication was responsible for the accident.
All of this happened to a U.S. Citizen; without a warrant and without permission to call a lawyer.
This incident is discussed in further detail in the 4th section of the story mentioned earlier [1] "Invasive Searches: A woman's 24-hour ordeal"
[1] https://publicintegrity.org/immigration/shocked-and-humiliat...
But as a practical matter they can detain you and do a more intense search than they would if you didn't dig your heels in and silently hand them your passport. You'd be surprised how intrusive a search absent reasonable suspicion can be at the border - they just don't have the resources to do one on everyone.
The info I've been asked for at the border is usually info the government could get if it wanted (Ex: asking where I visited when they have flight records and are looking at my passport stamps)
I'm fine with doing a little participatory security theater if it gets me home quicker and has no real cost to me.
This information is also valid for CBP stops inside the US while traveling by automobile. Your passport or drivers license should be all that is required. No questions.
Most of the time the questions are just a pretext anyway. It just wastes time while their dogs are sniffing around your car looking for drugs.
Is that for citizens or non-citizens? I would think it's only the driver's license for citizens, correct?
They'd sometimes simply intimidate me, sometimes they'd make a big show about searching everything I had (not even looking in every zipper pocket), et c. In all cases they would lie to me and tell me what I was doing was illegal. (Remember: making false statements to federal agents is a crime.)
I eventually stopped after a few years and would voluntarily yield to their probing questions to avoid delays; I continued to get harassed by border guards and sent to secondary (for an additional 1-10 hours of arrest) on every entry for approximately 4 years afterward, even when answering all questions in full voluntarily. These days, they don't ask me questions, and just wave me through. I'm curious what changed a year or two ago to make them stop harassing me for exercising my rights for 24 months some time ago.
Oh, I almost forgot: one time, they digitally penetrated a Canadian woman who was my travel companion, simply because, in secondary (where we ended up because of my previous rights assertions) we both declined to unlock our phones for the border cops. They strip searched us both, and denied her entry. Denying entry is somewhat understandable due to the failure to search her encrypted device (if a bit dumb), however, sexually assaulting her and forcing us both to manipulation of our genitals is a little bit beyond their mission, in my opinion.
Or, when searched a dozen times, would have drugs. I didn’t.
I do this not because I want to be mean but to show them these questions are a pointless waste of time. I mean there are thousands of people who dont speak a word of english who return back. I doubt they can understand these officers, much less respond to them.
Yes, this happened to me and other journalists.
Speaking to a customs official is very rare, I've only had that happen once.
Do most Americans get questioned at their own border? I do, but I'd assumed that was only for "aliens".
Similar thing although with a few more questions entering Canada. Usually it's just, do you have anything to declare - which seems like a perfectly acceptable thing to ask.
'Is this really you?'
'Yes'
'Okay, thanks.'
You have to hand your receipt from the machines to an agent who may or may not decide to question you at that point. After baggage claim, you may or may not get stopped by a CBP agent who decides to question you based on their "discretion". (At some airports, these two checks are consolidated and done once, after baggage claim).
Some people are stopped for these checks more frequently than others.
As a 20s non-white guy I'm never bothered, so maybe I'm just off-base here.
That stopped happening when I reached my 40s.
Bringing a citrus fruit from most countries, various other fresh foods, counterfeit goods, etc.
But I don't see what the point is in not answering where you visited. I'm pretty sure they already have this information so there's no point in hiding it, in my opinion. Plane tickets, hotel bookings, credit card usage, etc all will tell an easy tale as to where you were and what you did.
Personally, I usually travel with family, so I don't want to make a scene. But when I travel alone, I'm a bit more resistant to trade my rights for convenience.
I completely understand and respect people who peacefully resist border security, and hopefully those agents learn a thing or two about where the limits to their authority are. Please don't be a jerk about it, but you should never be compelled to give any more information or assistant than legally required.
I've even got a few friendly "welcome back" when returning to the states after longer trips
I was out of the U.S. for about 2 weeks (3 countries). Back in the U.S. for a week. Then back out of the U.S. for a month (4 different countries). Either the first or second trip I'd say would have been ordinary for me. But combined and also with the gap was unusual but I didn't think about it as being unusual at the time.
Entry to the U.S. the first time, I had no contact with an agent, all automated, the slip of paper from the Global Entry machine said exit customs.
In London for the flight back to the U.S. (2nd time around), the gate agent told me I was on some list and I needed to check-in with a man nearby at a separate counter. I'm almost certain he was U.S. CBP. Definitely American. I don't think he was TSA or FBI. He asked my address in the U.S., where I was, and whether it was personal or business but not more than that, and opined "I have no idea why they're asking me to do this." This conversation was about 2 minutes.
12 hours later in Denver, Global Entry machines are down, I use the regular machines which spit out a similar slip but I had to go to a Global Entry specific agent manned lane, that agent swiped my passport and immediately asked me to come with him. He hands me off to an agent in a separate room with a waiting area for 30 people, no other people are waiting, and says "he's flagged from blah blah flight". And I get asked all the same questions as before except two: he did fish for more about the sequence of travel and cities, not just countries. I brought up my previous trip and one week gap in the U.S., and he opined "ahh that makes sense now" or to that effect. And that was it, total time maybe 5 minutes.
The information I gave was consistent with Passport and Global entry application, and entry card information. I can't think of one question that was not mundane. I assume all the countries I visited immediately communicate my entry/exit with U.S. CBP the moment my passport is scanned. They already know these things. Except for the cities and sequence.
Looking back on it, I'd have liked to ask a bunch of questions myself about this experience.
I'm not sure if the first agent in London, had I opted out, can inform the airline I'm "not cooperating" and as a courtesy don't board me? But I'm still curious about what got me flagged, and why the London guy was confused thinking it was out of the ordinary or unnecessary. Was it random? Was it a combination of the travel and Global Entry like "oh he gets global entry and then the travel behavior changes, flagged!" sort of logic.
You are not required to answer any questions at all. Where youre from, where you were, what you did, nothing, however it may result in an inspection of your bags, so it depends on whether your interpretation of liberty is based on personal convenience.
Disclosure: ive done this opt-out twice. The first time I got to sit in a room with a few other folks who had been randomly selected based on their winning complexion, and was let go after 20 minutes and a bag search. The second time the screening room was busy so i was let go immediately. at no point did i answer a single question.