Surrendering our civil liberties at the border
Recently, as I, a U.S. Citizen, was returning from a short trip to Canada, I was interrogated by the Customs and Border Protection Officers, even after I presented my U.S. passport. They asked me why I was in Canada, whom had I met, how long had I known my friend, how I first met him, and so on. After awhile, I stopped answering questions because I thought my privacy was being violated. The CBP inspector became angry but allowed me to proceed after he found out that I am an immigration attorney, although he accused me of evasive answers.
A federal statute states that once a person entering the United States has been identified as a U.S. Citizen, immigration inquiries should cease. However, the officer at the border can continue to inquire about issues related to Customs.
In a recent presentation by a Director of Customs and Border Protection, he opined that they can ask any questions of anybody even if he or she proves to be a U.S. Citizen. The impetus is that in their enforcement of Customs regulations, the CBP officer needs to know whether the entrant is a drug dealer, laundering money, or committing other possible violations.
However, the potential crimes CBP would be looking for are no different than the crimes a U.S. Citizen may commit when inside the United States. Therefore, just as it does not make sense to inquire of a U.S. Citizen within the U.S. at random of potential criminal activities, it also does not make sense that the same inquiry can be had just because the U.S. Citizen happens to be entering the U.S. Also, there does not seem to be any limit for what the CBP Officers can inquire since any question can hypothetically lead to some sort of disclosure of a criminal activity.
This is a slippery slope for our society. Our individual rights, starting with the right of privacy, are being violated and we are starting to accept that as a normal part of our societal duty. It is not. We should question the government and a process of thinking that allows the government to arbitrarily and without cause to have their agent intrude into our privacy, even if it happens at the port of entry.
The CBP Director assured us that his officers are professionally trained and that they will not abuse their power of inquiry. However, that is a false hope, as history proves. No matter how professional people are and no matter how well intended the policy is, granting too much power, even to the best-intentioned officers, will in time produce abuse. If we accept that our constitutional right to privacy and against unreasonable interrogatories can be violated at the port of entries because of the societal need to explore potentiality of a criminal activity, even without any reasonable basis, it will only be a matter of time before the same can be had anywhere at our roads, our office buildings, and ultimately at our homes. This is a path that will undermine the value of what America is all about, the supremacy of the freedom of individual against the tyranny of government.
Posted in Immigration, security, and fear
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I certainly can feel for this family. My story is as follows:
My story is basically the same as many regarding the 10 year bar. My husband entered the US illegally in 2001 and now is paying the price for staying more than 1 year; he is barred from re entry into the US for 10 years…2018. Since he has been here he has done his taxes with the ITIN number the gov’t issues to those who don’t have a social security number to file them correctly; paid the taxes when due and waited for his money when they owed him; he and I married; he was able to adopt my youngest child; he had a job for 8 years with a construction company where he knew his job well; he speaks English; we were buying a house together; would have helped anybody out whether Caucasion, Hispanic, Black, etc. We hired a lawyer from Omaha, Nebraska, Jason Finch who told us the outcome was great that my husband would return within 1 year. He had us pay almost $4000 upfront or in payments while he was only filling us with false hopes. One year was going to be tough, but my husband understood that he had to pay a penalty and this was it. This lawyer did us wrong, by not filling out the paperwork correctly, not speaking with us only through his assistance. The day before we had to leave for Mexico in April 2008 I told the lawyer that there were some descrepancies within the forms and what if we were questioned and Jason Finch stated that “these consular officers understand that lawyers make mistakes. Everything will be ok.” Knowing that my husband was going to be barred for 10 years Jason should have never taken on this case and taken our money. April 10, 2008 was like the end of our lives. I felt like I did on June 29, 2006 when my dad passed away, empty, full of pain, full of hate, mad and mad at the whole world including this lawyer. I have lost the man I love with all my heart; my boys’ (more my youngest) has lost his daddy; I have lost my friend, the main head of household; we going to lose our house since I can’t keep up the payments, we might have to go onto gov’t help till I can get back up on my feet.
ICE has started this thing where people who were in the deportation proceeding with no other criminal background can go to them, get their life in order, and return for their ride home and this won’t go against them. It is totally unfair. My husband wasn’t running from anyone. He went to Mexico on his own. No police, immigration judge, ICE, nobody was looking for him. I don’t understand…it should be those that fall under the 3/10 year bar and not those who were just here illegally and trying to do the right thing and be like us. Not only is my husband paying a penalty, but his family too. We have lost a great person from our family and it has caused emotional destraught for us his wife and children. His job is still waiting for him and I will too.
Since all this has taken place, I resent the packet of papers to the Texas Service Center in hopes they will reconsider; I have wrote Grassley (IA) on July 28, 2008 I had a 15 minute meeting by phone with him and his secretary about what was going on with my husband and his answer was that he couldn’t help us; to only wait for this Comprehensive Immigration Bill to pass; Good luck to my family. Steve King spoke with me over the phone during once of his Teletown meetings and had me call his office. I called his office and they only gave me information about how to send information to the bar regarding the lawyer and how he handled our case. A few weeks later I got a letter from Harkins office stating that they received information from my husband’s case and it looks as if he could reapply in 2011. I was so happy to think that was just a few years away. I called his office again to see if the his secretary could check into this date, because the consulate officer told us 2018. An hour so later she called back stating it had been a typo on their part and they would change the date from 2011 to 2018. I hurt once again. I then emailed all the Senators for which I found emails for and basically they all state they can not help so please contact your local gov’t officials for help. I then received a letter from Ben Nelson and he stated that he understood my situation, but unfortunately he couldn’t do nothing about this. I search everyday for updates regarding these bars and where it might be favorable to my husband and many that are going through the same.
The US is always stating that we need to keep families together; it is important that children have their fathers and mothers in their lives. How can we do this if all your doing is destroying families, lives, etc.
Why can’t those that are under the bar just pay a fee penalty and have a right to prove they are good people and should be allowed to be part of our society. If anyone wants to leave me a message you can email me here bethany_gonzalez@hotmail.com or post a message here!!!!!