t0oL1 Posted May 25, 2014 Posted May 25, 2014 found this article informative and interesting. doubt if I would try it though. also note this is upon arriving back in the USA. http://www.firstinternationalguide.com/usa/usa-immigration-and-citizenship/refusing-answering-questions-from-customs-and-border-protection-officers-when-re-entering-the-us.html “Why were you in China?” asked the passport control officer, a woman with the appearance and disposition of a prison matron. “None of your business,” I said. Her eyes widened in disbelief. “Excuse me?” she asked. “I’m not going to be interrogated as a pre-condition of re-entering my own country,” I said. This did not go over well. She asked a series of questions, such as how long I had been in China, whether I was there on personal business or commercial business, etc. I stood silently. She said that her questions were mandated by Congress and that I should complain to Congress instead of refusing to cooperate with her. She asked me to take one of my small bags off her counter. I complied. She picked up the phone and told someone I “was refusing to cooperate at all.” This was incorrect. I had presented her with proof of citizenship (a U.S. passport) and had moved the bag when she asked. What I was refusing to do was answer her questions. A male Customs and Border Protection officer appeared to escort me to “Secondary.” He tried the good cop routine, cajoling me to just answer a few questions so that I could be on my way. I repeated that I refused to be interrogated as a pre-condition of re-entering my own country. “Am I free to go?” I asked. “No,” he said. ..." KhorTose 1 Quote
KhorTose Posted May 26, 2014 Posted May 26, 2014 Absolutely the right thing to do as i agree with the author that customs works for you and it is always the safest not to say anything to an sworn officer who can arrest you for a false statement. However, not sure i want to be held and bitched at for over an hour after a long flight. I would probably answer the questions, but admire this man for not doing so. Quote
kokopelli Posted May 26, 2014 Posted May 26, 2014 I did once know two Customs/Immigration agents (both Mex-Americans) who worked the border between US and Mexico. I asked what is the best response when questioned. Answer, Yes Sir and No Sir. Quote
KhorTose Posted May 27, 2014 Posted May 27, 2014 I did once know two Customs/Immigration agents (both Mex-Americans) who worked the border between US and Mexico. I asked what is the best response when questioned. Answer, Yes Sir and No Sir. Well, I guess that is better then :"Heil Hitler", but we seem to be getting closer and closer to that point. We need more Snowdens and Mannings. Yes, draconian measures can make us feel more secure, but to me, the rights granted us as citizens are far more important to maintain even at the cost of some loss of security. I find it sad that most Americans feel the opposite of how I do on this subject. In the long term, I think people who feel as I do will be proven right. Both Lincoln and B. Franklin spoke eloquently on this subject and laid out, to me, what the clear consequence could be of choosing security over freedom. kokopelli 1 Quote
Alexx Posted May 27, 2014 Posted May 27, 2014 What I don't get is this: He claims that a malevolent CBP officer can twist your words around ("claims you lied to him") and have you charged with making a false statement, no matter what you say. This far I can follow. But I'm not sure that the conclusion that it's best not to say anything at all is that brilliant. I'm wondering, couldn't a malevolent CBP officer just a easily claim you've said something incriminating when in fact you've remained silent? If he truly is malevolent, why would he stop at twisting your words around if you actually say something. You cannot prove that you've remained silent, so like in the other scenario, it's your word against his. Quote
KhorTose Posted May 27, 2014 Posted May 27, 2014 Actually you can prove it by taking a lie detector test. Many courts will allow such if it show innocence. Quote
lukylok Posted May 27, 2014 Posted May 27, 2014 Does this happen in the "Land of Freedom" ? But of course : "In God We Trust" Quote
Bob Posted May 27, 2014 Posted May 27, 2014 Actually you can prove it by taking a lie detector test. Many courts will allow such if it show innocence. I don't know of any court that has allowed that. Must be a new age type of thing. With respect to the original post, by law nobody (including a US citizen) is "within" (or "in") the United States until they have cleared immigration and customs and the officers do ask questions of US citizens attempting to re-enter the US. I believe they generally ask the questions they were trained to ask although surely there's a possibility of a rogue officer or simply somebody having a bad hair day. I've never had a hassle or what I felt was an inappropriate question during the approximately 40-50 times I've gone through immigration and customs in the US. Two weeks ago in Chicago, I got the usual "welcome home" from both the immigration guy and the customs gal collecting my "nothing-to-declare" card. Quote
KhorTose Posted May 28, 2014 Posted May 28, 2014 I've never had a hassle or what I felt was an inappropriate question during the approximately 40-50 times I've gone through immigration and customs in the US. Two weeks ago in Chicago, I got the usual "welcome home" from both the immigration guy and the customs gal collecting my "nothing-to-declare" card. You did not declare your Hill Tribe frog? Seriously, i got this from having lived in California where they are allowed if both sides agree, It is up to a jury then to determine their worth. "States like California, Arizona, Nevada, Georgia, and Florida allow the tests if everyone agrees to them, but may put different emphasis on the test's accuracy. California lawyers, for instance, can present the results to the jury, and allows them to draw whatever inferences from it they wish." http://www.legalmatch.com/law-library/article/admissability-of-polygraph-tests-in-court.html Of course, customs is Federal and that is a different ball game. Nevertheless, I think this lawyer was correct that you DO NOT have to answer to get back into the USA. Like you, they always great me with a smile, even when, I have my young finance (32) in tow. Quote
farangyai Posted May 28, 2014 Posted May 28, 2014 I have always considered it wise to cooperate with the customs folks. Telling any law enforcement officer "none of your business" is putting a big placard on yourself saying troublemaker. Rather than be easily inconvenienced, it is always wise to be cooperative and show a reasonable amount of respect. I have never had any significant customs issues, although I did resent when they wanted to search my camera, etc but after showing him some stuff out in the open, I was allowed to move on. Quote
Guest shuee Posted May 28, 2014 Posted May 28, 2014 to0l1 i dont get it? your posting here is uncomplete Quote
t0oL1 Posted May 29, 2014 Author Posted May 29, 2014 Kind of a follow up to http://www.gaythailand.com/forums/topic/9533-single-men-targeted-upon-exit-from-usa/ Although this is usually encountered on your return, not departure. As such I thought I should keep it separate from the "exit" thread. Hell I don't even mind them searching my luggage anymore. But women customs agents are worse, thinking you have to answer to them on their inquisition of nosiness - usually met with deserving condescending look of boredom and amusement. Quote
Guest bigcherries Posted May 29, 2014 Posted May 29, 2014 Actually you can prove it by taking a lie detector test. Many courts will allow such if it show innocence. Good point. Quote
Guest OfficeMax Posted May 29, 2014 Posted May 29, 2014 As mentioned before Global Entry (GOES) is the way to go. I landed in Houston 1 week ago head to the machine, answer questions and card spits out, then upon exit I was asked to you have any checked luggage = answered yes and he advised where the luggage could be picked up. I usually only come back to USA 2 times a year, with work/travels in Asia and Europe - still have not had problems/questions coming back. Just completed a long term project in China and no quesitons either. Quote