Traveling to the United States can be a huge fuss . Even if you ’re an American citizen , Customs and Border Protection ( CBP ) can pull you aside for blanket and invasive “ secondary viewing . ” And by all account , this process has gotten worse since Donald Trumpwas elect . But it was horrible even before Trump gained power .
How horrible ? I filed a Freedom of Information Act request ( FOIA ) back in April of 2016 for complaint lodge by average the great unwashed against CBP . Specifically , I was interested in traveler complaints file with CBP for search of electronic twist during border interbreeding . So I asked for precisely that . And a year and a one-half later , I ultimately got some of the complaints . Exactly 163 page worth , stretching back two days .
The complaints listed below are just a tiny fraction of the total complaint Gizmodo received through FOIA , but they represent the frustrating experiences many masses have had with CBP . Gizmodo plan to release more complaints in the future .
The average person , even American citizens , has virtually no rights at the border . And nothing illustrates that better than a CBP agent sifting through your phone ( or even just impound it for calendar month ) while you have to sit there and let them do it . CBP can look through all your private photos , all your private messages , and anything else or your gadget without any exculpation at all .
If you ’re a citizen of the United States and you refuse to unlock your speech sound for a CBP federal agent they may confiscate your phone , but they ca n’t deny you launching to the US . Everyone else is more or less out of luck and can berefused entry .
It ’s notable that many of the complaints Gizmodo receive were file by third parties on behalf of friend or family who sense they were treated unjustly by CBP . And it goes without say that most people who go through these experience never file a charge . They ’re just felicitous to be over with the experience .
As the Electronic Frontier Foundation bespeak out , the act of trespassing searches of electronic devices has skyrocket over recent years , going from 4,764 in 2015 to 23,877 in 2016 . And with the Trump regime let even more fast-growing , Columbia University ’s Knight First Amendment Institute filed a lawsuit to give the public information about just how incursive CBP ’s searches were . The info they obtained about 2017 searches through FOIA was redactedfar beyondwhat we obtained , belike because they ’re national reports written by CBPS agents rather than complaints lodge by fellow member of the public .
How border patrol respond to our request for records of cell speech sound searches…pic.twitter.com/nYHbNrZa41
— Knight First Amendment Institute ( @knightcolumbia)September 15 , 2017
Again , things just seem to be getting much , much worse . But you probably would ’ve guessed that if you ’ve been paying attention to the rise of Trump and his eye blink and a nod to the police state of matter that gains more power in the United States with each passing day .
All emphasis below is mine to highlight the hunting and capture of electronic devices , but many other aspects of the story below are even more fearful than having your digital life exposed to government factor for no good cause .
upright of fortune out there , common people . We all necessitate it .
Miami International Airport
August 2015
Hi , I ’m a U.S. citizen . The understanding for this ailment is because my sister follow to confabulate me from El Salvador , she is a 22 years old pretty search Latina , a honor accounting system student at Universidad Centro Americana ( UCA ) El Salvador and also a commercial enterprise enterpriser . On August 13th 2015 around 6:45 to 7:00 pm at Miami airport she had a such a bad experience with a cbp officer mid 30 , crinkly / curly pilus , light skin last name Z. This policeman had a horrible attitude towards her without any patent cause . He was blab to her in a hostile and abusive fashion . At some stop he asked for her prison cell phone and without any permission from her he went through the phone checking all her pictures , facebook page , and whatsapp conversation one by one reading all the messages . When he saw whatsapp conversation with males he keep asking if any of those was her boyfriend . At the remainder he ask her if she had any young man here in the U.S. making her feel awkward . She felt step of her individual and personal life . To me as her brother that s ill-treatment of power from [ put ] to curb someone else private conversation and picture from their cell earphone . I feel [ redacted ] continue on a unprofessional way somehow malicious and perverse towards my sister . Therefore i experience sad and anguish that this great country has some officer with that grade of unprofessionalism because i powerfully conceive that more people like me feels the same towards [ redacted ] . I hope this complain puts some military action against [ redacted ] conduct . Thank you .
El Paso , Texas
July 2015
I had a friend that was practice for a pass to travel from Mexico in the U.S. . Doing the unconscious process the military officer inquire if she have a prison cell speech sound and she reply yes . Then he tell her to give him her cell phone . Then he proceeded for the next 20 minutes to go through her cellphone sound check up on her personal content , Facebook , and exposure . He quizzed her on the dissimilar events and photos that she had in her cell phone . At the end of this process she were approved for her pass to travel . But she call me up to state me about the event and she felt like she was violated and she was very distressed and afraid . She did whatever the hombre enounce do because of veneration that he might take away her visa . I would just like to know is this a usual practice session and part of the US customs normal function ? She had photos in her speech sound that was not meant for the public ! This event happen and El Paso , Texas at the custom office in business district El Paso .
Washington Dulles Airport
October 2014
HI , One of my friends went through the CBP at Dulles international Airport few twenty-four hours ago . Upon her reaching , she told me that they had searched her bags and belongings which I understand to be legal . However , they also had seek her phones and personal text and photograph which I feel is a intrusion of polite rights . Just because she had texted me that she was with the CBP , they had called me call for why I had “ coached ” her about what she should say . 2 years ago she had been accused , because of the way she had prune , of being a prostitute by the same mass at CBP . I had to explain to them that she was inflict for travel but also because of religious reasons . So this twelvemonth I told her just say them you are going to journey while your staying with me which is lawful . We also practices religion native to Asia ( Daoism ) they laughed at her and accuse us of being suspicious and menace to put her in jail . They had made personal remark because I , as a female person , had a manly roomie and was not call for romantically . Just because they had not get a line of our organized religion they belittled her and mocked her condition , her reason for being in America . I feel strongly as a US Citizen that even though one may not be a citizen , one is protected under the law of the demesne . And that to be treated unfairly as such violates some variety of a law of nature . I sense that her secrecy was violated ( most multitude involve warrant to have their phones searched ) , and that she did not palpate her spiritual views were respected , a violation of religious freedom . They cerebrate she was suspect because of her traditional cloth ( Korean HanBok ) . Though the examiner was Korean himself , He did not provide his name or decline to serve my enquiry about what CBP tolerate for . Until I requested to speak in English , which I am practiced in , that he told me what it suffer for and tell me he had nothing more to inquire and hang up abruptly . I am a proud American citizen and had been civilize by this very country of the rights and the freedom which it offers to all the masses who abuse on this grease . I affirm all those who serve to protect this country to protect these right and exemption which is not free . I as a Korean- American know well of these fact and am lofty of what America has done for Korea . However , to be treated as such for consume to practise religion freely and be humiliated by such an soul who is of same ethic origins has surprised me very much . I have a booster who is process in CBP and has informed me that such discussion is a infraction of civil right field and impropriety and had tell me to register a charge . I do n’t wish the officeholder damage but I bid to have sex if this indeed is how CBP cover those who enter the united states , guilty until proven innocent . I am hop that this is only a isolated incident and will file a formal ill when this happens again next time . alas by the attitude of the ship’s officer and the likelihood of my Quaker ’s next visit , it is not something I am looking forward to . I hope in an indirect way this helps prevent succeeding mistreatment . I also go for that this letter does not discourage the wonderful military officer who do a wonderful Book of Job at CBP who swear out to protect the nation and the ongoing crisis we face with Directorate for Inter-Services Intelligence and terrorists .
Los Angeles Airport
We refer to the luggage review to us at Los Angeles International Airport on 23th May , 2015 . We are a radical of 4 common Chinese people who come to USA on 14 December 2024 for travelling and also for a pulverization materials exhibition in San Diego . Before we stimulate on the carpenter’s plane ( air hose : UA198 13:00 ) back to China at the embarkation gate of Los Angeles airport , some officer force to take some devices off from us , including 2 laptop computer , 5 part of IPhone , 1 photographic camera and some customers materials from the expo because of “ suspecting of lying on the travelling design “ .
The officeholder maintained the devices from our cases before we knew that and let us get on the plane in a hurry before the airplane took off . We did not know what was happening but complied with all the officers say . They also said the goods will be refund to us in a couple of calendar week and can not cater any contact to us . Needless to say , we have suffered a neat loss from this , not only the unmediated economic losses , but also the crucial stage business materials to us and without the phones we have much inconvenience in our daily life .
Now more than two months has pass along by , we still do not get any news updated or anything return back . We involve you to conduct this investigation and response to us as soon as possible and do look onward to getting our place back presently .
If there is anything else we can do to help the processing , please permit me have sex . We can be reach at : [ redacted ]
At the Dulles aerodrome in Washington D.C. , I was suppose to have a layover of 4 hour to my l flight . However when I landed in Washington and passed immigration , the immigration policeman decided I should be scrutinise because I respond to have 6,300 USD with me for the purpose of my trip . Every officer that approach me that day find 6,000 USD to be a hatful of money and I needed to be inspected further . There was a TV programme being filmed that daytime at the customs margin and I postulate to await in a very long line for over two hours . I asked to one of the officers to please help oneself me to be scrutinise because I was run to miss my joining escape and it was the last one that day . Nobody seemed to deal and they guide as long as they could possibly take . When someone finally helped me they made me go to inspection with two officers , a peeress and a hombre . They were both very rude to me and asked several times what do I do for work . I respond what I do and they said I was lying because I look too young . I showed them my business wit and they did n’t require to believe it . They decide to check my purse and made an downright mess with it , putting all the contents out of doors and check at my money . When they found the money they set about necessitate questions about how I was supposed to spend that immense amount of money and why do I carry so much . I excuse as a doctor I get yield really well and I like to behave some hard cash with me to expend in thing I like , as handbag , shoes , food for thought , entertainment . I do n’t commonly like to use credit rating cards as they are a hazzle and I though 6,300 USD it is not a huge amount , considering that if I carry over 10,000 USD I need to adjudge them . They checked my earpiece , which I witness it really aweless and also the exposure on the sound and start inquire me about the photos and emails . I was really agitate and affected with all this . Never in my life I have been cover this way and I travel a bunch .
They stopped me until they need , make me wait there for another 45 minutes until I was finally real eased and they say I was released because “ they could not find anything to relate me to crime ” . What is that presuppose to mean ?
I am writing because I would like to clarify of I should not bring any more money into the US because I will be inspected this manner every metre I jaw , and because I would wish to permit you know I am not glad with the misconduct of the personnel of the US border . It was ill-bred , aweless and discriminatory . Because I am a charwoman journey alone and I take care young ( and I am 39 ) , and because they reckon I should not locomote with that much money on me . trust you could sympathise my notion . I am certain you get unlike complains every day and some of them may seem a lot more unmanageable and deep than mine , however I consider every thought counts . This is a very various country and people are really nice , but some of the people , particularly those who shell out with travellers , should be more open minded and nice . There are nicest ways of postulate question .
Rainbow Bridge — Buffalo , New York
On 3 December 2024 , at / about 0700 , my wife , [ couch ] , and I were crossing the Peace Bridge from Canada to the United States . We intercept at the checkpoint and began interact with a CBP officer ( Her name and badge number are unknown , when we afterward asked for that information we were state to file away a FOIA asking . She was a Caucasian woman , mid thirties , about 5’7″ , brown haircloth , chocolate-brown eyes ; I ’ll consult to her as CBP1 ) . CBP1 ask us our citizenship , where we had been , what we were doing there , where we were go , where we hold up , etc .
CBP1 then asked where my truck was registered . I told her Florida . CBP1 need why it was registered there . I responded with , “ Because I used to live there . ” There was a brief muteness , and CBP1 say , “ You bed , Normal People would n’t have a fomite registered in one state while living in another . ” I asked what she signify by that , and if she was saying that I was n’t a normal somebody . CBP1 started raise her representative and suppose , “ My job is to take questions , yours is to suffice them . So just answer them . ” CBP1 asked me again why my hand truck was show in Florida , I responded with the same reply and also began commemorate the fundamental interaction on my cell earpiece .
CBP1 ’s quick reaction was to tell me that I was not permit to memorialise there . I asked her why not . CBP1 did n’t give me an resolution other than , “ Because I say so . ” I told her I had a right to immortalise a conversation with constabulary enforcement that I thought was harassment . At this peak CBP1 called in some code on her shoulder radio , then pulled out a roulette wheel chock and tossed it under my hand truck , involve that I turn off my fomite and hand her the key . I did so . As I did , the policeman at the next booth ( a large / heavy - set Caucasian man , mid - thirties , about 6’0″ , about 270 lbs , short / bald hair ; I ’ll refer to him as CBP2 ) came over to “ wait on ” the first officer . When CBP2 got to the vehicle , he demanded I step out . I pass my married woman the camera , then I complied . CBP1 told me to walk to the back of the truck , I complied . They both begin yelling questions at me , to which I did n’t resolve . At this level , I realized they were probably give out to halt / stay me , so I decided to invoke my Constitutional Right to remain silent . CBP2 ordered me to put my hands on the truck , I comply . CBP2 then slammed me against my truck and told me “ this way ” in reference to how he require me to put my hands on my truck , apparently I had been doing it haywire . CBP2 asked if I had anything penetrating in my pocket that would hurt or horn in him , I did n’t respond . CBP2 again slammed me against the hand truck and proceeded to put handcuffs on me behind my back . I asked what I had done to merit this treatment . I asked them if this is how they treat US citizens coming back to their home country . If this is how US veterans get treated coming back to their area . More CBP officers were surround my vehicle at this point . One in particular had put on latex paint gloves and was shaking a canister of mace / Piper nigrum spray . I asked why he was prepping the mace spray , and if I was somehow merit of getting spray for complying with everything they demanded .
Three officers , not CBP1 or CBP2 , then take hold of me and ushered me into a building . One of them tell me nobody was planning on macing me , to which I asked him why the other military officer was prepping the can . I then heard CBP2 yelling at my wife to get out of the vehicle . I asked Officer [ frame ] ( this is the only CBP ship’s officer ’s name I in reality got ) what they were yelling at my wife for . I pleaded with him to go check on her ( know my wife , there was no possible reason for CBP2 or any other CBP officer to present her in that manner ) and make certain they did n’t injure her . After the direction CBP2 had just treated me , I was justifiably terrified of what he would do to her . Officer [ redacted ] judge to reassure me that she would be fine , but nobody actually went to check that . As we entered the building , I demand Officer [ redacted ] to remove a POW / MIA watchband I was wear because the cuffs were causing it to rationalise into my skin . He did and placed the bracelet next to me . I give thanks him for that . The officer sat me down on a chairman . As I waited , CBP1 along with two other officers walked my wife past me . She was also in handwriting handlock .
About 10 min by and by , my married woman was allowed to unite me . We sat there for another 20 minutes while they “ hash out the incident and what to do with us . ” There was nothing for them to do image as how we are both American Citizens that had n’t broken any laws or ordinance . CBP3 came back in and told me that if I just answered a few question , they would get us go . He asked the same questions that CB1 asked at the stall over about an hour prior . I answer them , and he told me that “ that right there is why you ’re in this situation , ” referring to the flavour with which I reply . I asked him how he expected me to answer after being unjustly stay . How should I respond dedicate the treatment my married woman and I experienced ?
CBP3 returned our passports and my cell phone , which they said they had copied . I would wish to lie with why and how I can get my entropy back . I would wish to know , FOR SURE , that the CBP / DHS does n’t have a copy of all of the personal information that is on my cellular telephone phone .
We were then released to our vehicle , which was “ thoroughly search . ” All of our property was in disarray . I ’m assuming they were looking for something to excuse the discussion we receive .
There is NO JUSTIFIABLE REASON for any of these actions .
I absolutely desire some kind of resolution to this . I will be stick to up on this account . And I will be reach my Congressional representatives on this matter as well . The discourse shown to two American citizens , one of which is a military war veteran , that had n’t done anything wrong was deplorable .
Roma / Falcon Dam , Texas
Detroit , Michigan
I am write to kick that your agents at the border on this particular day were patronize and very rude . As a US citizen , I have traveled to more than a 12 country , and I have never been treated bad than this .
My car was searched at the secondary inspection point and the engine compartment was not closed like the ship’s officer had converge it . I give the policeman our US passports and he still asked us what nationality we were . I do not trust that it is a offence to have a foreign accent while carrying a US recommendation . I do not believe that your officers at this check point truly portray a true image of a welcoming gild the United States is .
I will also wish to know if the agents searched my cell sound . This contains patient ’ information and I will need to notify my patients based on HIPAA rules that their privateness might have been violated .
New Jersey
I arrive into EWR last night from LHR , I was taken to Secondary Security where I was made to wait for 1.5hours with no explanation of why I was there . I was then told that I had antecedently over stayed by one day – months prior , this I now realise to be faulty as I am on an ESTA which appropriate 90 days and I make it 5th Jan 2015 and leave 3rd April 2015 have in mind that was under 90 days .
I then got repeatedly question say I ca n’t keep coming back and forth and I have the faulty paperwork – I have a valid ESTA , I do n’t last out for more than 90 days and I go back to London for 90 day after each trip-up , I do n’t work illegally or get paid by a U.S. company , I only assist client and sale get together which under ESTA Pentateuch are let . She severalize me I ’d require a proper visa to return which I do n’t understand ?
The bad part of this all is that the CBP officer take on my personal cell phone and proceeded to go through all of my personal word-painting bet at them all and asking me personal doubt unrelated to why we were there , she then went through and show all of my schoolbook messages ! My private conversation with love single and friend . I ’m pretty sure this is n’t effectual when I have n’t been suspected of anything dangerous ? ?
I feel gravely furious and violate by this infringement on my human right .
As you’re able to credibly guess , these complaints were addressed with standard cut - and - library paste “ grim about your risky experience ” messages .
Here ’s the common answer to so many of these complaint :
Thank you for contacting the Customer Information Center . To keep our border secure , everyone who arrives at a U.S. port of entry is open to review . We wassail to treat you politely and professionally . We do not assume that you have done anything unseasonable – because very few traveler in reality violate the natural law . As part of your review , you may be call for questions on :
· Your citizenship ,
· The nature of your head trip , and
· Anything you are bringing back to the United States that you did not have with you when you left .
We may also examine your baggage , including electronic equipment , or your car , which we have the legal authority to do . If we are checking your luggage , you will want to place it on the test place and open it . ( After the exam is completed , you will be asked to repack and shut the baggage . ) If at any point you are unhappy with the direction you are being treated , ask to speak to a CBP supervisor .
The assurance to delay and speak with travelers infer from the United States Code ( section citations below ) enables CBP to prevent the entry of soul who are inadmissible under the Immigration and Nationality Act , and to keep the smuggling of merchandise , including narcotics and other contraband items , into the United States .
speak with traveller and examining merchandise coming into or pass on the United States are some of the ways we look for illegal or prohibited point , and to limit whether or not someone is trying to enrol the U.S. for unlawful or fallacious intent .
Unless exempt by diplomatic position , all travelers enrol the United States , including U.S. citizen , enter in unremarkable Customs processing . At times , people make the mistake of thinking their civil right hand are being violated by being asked questions about their trip , personal setting and history , etc .
The Supreme Court decisions have upheld the doctrine that CBP ’s hunt authority is unequalled and does not violate the fourth amendment ’s protection against excessive searches and capture . However , with this authority , CBP ask all of its ship’s officer to conduct their duties in a professional manner , and treat each traveler respectfully .
The accurate effectual citation for our hunt self-assurance can be found in Title 19 of the United States Code , Sections 482 , 1467 , 1496 , 1581 and 1582 . All persons , baggage , and other merchandise arriving in or leave the United States are capable to review and hunt by CBP officeholder . Various laws ( including 8 United States Code ( U.S.C. ) 1357 , 19 U.S.C. 482 , 1581 , 1582 ) enforced by CBP clear such search . As part of the inspection process , CBP officers must verify the personal identity of persons , define the admissibility of travelers , and look for possible terrorist weapons , manipulate substances , and a variety of other nix items .
So , yeah , Americans and the rest of the humanity are out of luck if they want any privacy at all on the US molding . And it ’s just going to keep getting worse .
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