An Interesting Approach At Customs
Via Consumerist, a blog post by Paul Karl Lukacs:
I was detained last night by federal authorities at San Francisco International Airport for refusing to answer questions about why I had travelled outside the United States.The end result is that, after waiting for about half an hour and refusing to answer further questions, I was released - because U.S. citizens who have produced proof of citizenship and a written customs declaration are not obligated to answer questions.
* * *
"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.
Rest of the story and his thoughts at the link. Your thoughts?
UPDATE: Lukacs' follow-up posted here.







Interesting. A month or two back I was faced with a similar ugly scene foisted on me by a very arrogant Customs Border Patrol. Because I was with my kids and my brother, sister-in-law, and their kids, I basically complied, but I was telling myself that had I been alone or just with my brother I would have not responded just to see what would happen.
Cause I was wondering, with passport in hand, could they really keep me out of my country?
The arrogance came when after an hour delay just to get to speak to the customs guy, my cellphone rang, it was my boss, and I answered it, and the border patrol agent got very upset with that. "Would I do that if I was stopped by a police man?" No, a policeman that stopped me would not delay me for an hour prior to speaking with me. No, a policeman who stopped me would have to have reasonable belief there was civil or criminal issue at hand, and I am a citizen crossing back into my country and you have no reason to suspect me of anything.
Anyway, I complied. Next time I'll bring a few Qik/Ustream broadcasting cameras and a twitter stream. Says I.
jerry at September 10, 2010 11:45 PM
It's pretty interesting the comments at his site that condemn him for standing up for what he perceives as his rights because he was holding up the lines for the rest of them.
jerry at September 10, 2010 11:54 PM
Gutsy guy - more power to him. More people need to do this.
bradley13 at September 11, 2010 12:29 AM
I just read through most of the comments:
I'm not sure what conclusion one can draw from this, but it's interesting nonetheless...
bradley13 at September 11, 2010 12:38 AM
Good spot, Bradley
Crid [CridComment at gmail] at September 11, 2010 1:24 AM
Good for him! More people need to stand up like he did. I think he's right.
BunnyGirl at September 11, 2010 1:45 AM
Amy Alkon
http://www.advicegoddess.com/archives/2010/09/11/an_interesting_1.html#comment-1753303">comment from jerryJerry, what airport did you go through Customs at.
Amy Alkon
at September 11, 2010 6:13 AM
It would take what, a second to say "tourism" or "business?" A few things are not worth fighting over, and I think this is one of them.
Yes, I could have given some lip to the idiots who stopped me at the Canadian border and gave me a hard time about getting back into the US. They could have taken my car apart looking for contraband, and detained my kids while I went back to Syracuse for ID to prove that they were ours. (This is obviously pre 9/11, when things got even worse.)
They are under no obligation to put your car back together...
Our hero is out the hour and a half he wasted, and the border Nazi got paid for her shift.
MarkD at September 11, 2010 6:54 AM
What I find curious is what do they expect from such questions? If the person is in fact up to no good, do they actually think that they would fold and spill the beans to a salaried clerk?
Mbruce at September 11, 2010 6:55 AM
"Her eyes widened in disbelief." - that is the telling part of the story, that says few people refuse to comply and says that she expected compliance. We're becoming cattle.
William (wbhicks@hotmail.com) at September 11, 2010 7:00 AM
The guy has every right not to answer questions, but he's a fool for thinking there should be no consequences for behaving in a way that's out of the ordinary in front of officers whose job it is to find people who behave in any way that's out of the ordinary.
Any application of the term "arrogant" toward the patrol personnel would be ironic in that case.
JamesHames at September 11, 2010 7:21 AM
Amy Alkon
http://www.advicegoddess.com/archives/2010/09/11/an_interesting_1.html#comment-1753338">comment from MbruceWhat I find curious is what do they expect from such questions? If the person is in fact up to no good, do they actually think that they would fold and spill the beans to a salaried clerk?
I think they're looking for whether you're nervous when you answer, etc. That said, I don't think the U.S. Customs employees are quite the caliber of the people who interview you before they let you board El Al.
Amy Alkon
at September 11, 2010 7:59 AM
I have no problem with what the guy did and more Americans should do it. People just get used to the questions via social engineering or they're just not a big deal to answer. In most cases just say business or pleasure.
Last time I went through Frisco, the guy there was almost a mute if I recall correctly. I didn't get so much as a "welcome home".
Last time I went through Europe, the gals in the UK were polite but inquisitive. The French said nothing but asked me to take off my baseball cap at the scanner.
Sio at September 11, 2010 8:00 AM
"Jerry, what airport did you go through Customs at."
Actually it was at Peace Arch Park border crossing (driving) coming back from Canada.
There are two crossings about a mile apart, and you can access various websites that state what the current wait times are, but that day, the Border Patrol's computers were reporting the wait times were unavailable.
So the delay turned out to be a good hour and that was around 1pm on a weekday. Getting into Canada took less than a minute at about the same time on a weekend, perhaps because we used the other crossing, and because we looked up the wait times on the computer.
I'd say if you're a $3.5 Billion dollar agency you can probably make sure your wait time measurements are available, accurate and reported promptly.
Also, I wasn't driving the car when I answered the phone, I was just a passenger. And naturally the one call I received on the trip was from my employer at precisely the moment we finally pulled into the customs agents bay.
jerry at September 11, 2010 9:34 AM
I was stopped this past Summer by the Border Patrol
on I-10 just east of El Paso. The Border Patrol was stopping everyone, not just me, as all traffic had to exit for a screening. I was asked , " What country are you from ?" "The United States", I answered. Then my wife was asked the same question and got the same answer."Where are you going ?" I said, "Dallas". The agent said "Have a good trip" and waived me on.
I could have said, "None of your business" or given the guy a hard time. But why do that ? The guy had a job to do. Why make it difficult ? Why risk being detained for an hour or so while I was "checked out" ?
I'm with MarkD on this one. The guy who was stopped at San Fran Airport could have said,"Tourism" and that would have been that.
Nick at September 11, 2010 9:45 AM
A combination of rude and pisspoortraining.
Boyo is rude for giving the customs agent a hard time. Sure, as long as your papers are in order, nothing much need be said. There is a list of countries that should elicit a few extra questions, and I'm sure China is on it. It would have cost him nothing to be polite, to a person whose duty is to have control of people coming into the US, even if they are US citizens.
OTOH, TRAINING... being inquisitive as mentioned above, doesn't have to be the 3rd degree... rather: "did you have a fun vacation? I've always wanted to see China...." Smiling all the while. How the person answers from there tells you a LOT about them, while not making any nastiness happen.
Sure the guy is well within his rights to say none of your beeswax, but that is also immediately suspicious. We pay customs agents to ask questions, we pay boarder patrol to ask questions. Still better training produces better outcomes.
Fastest line i was ever in at the airport was staffed by a courteous woman who had a smile for everyone, and made people WANT to comply with her instructions. Everyone tried harder for her, because she was nice. I know that's prolly not training, but a lucky hire, but it should be in the training.
This is not quite an either/or question, because what we are asking for customs/boarder is more complex than that. Having your papers in order is a basis, but as with Amy's mention of El Al, there may be more relevant questions to ask.
He was well within his rights, but he was surely making the customs person's job harder. Maybe better training for her as well.
SwissArmyD at September 11, 2010 12:53 PM
Why make it difficult Nick? Because you're giving up your 4th and 5th ammendment rights by answering questions he has no right to ask, especially since you're not at a border crossing.
Look up checkpointusa on youtube.
Sio at September 11, 2010 12:56 PM
I was mostly with him until he posted his follow up. That follow up made him sound like he is one or two bricks short of a full load. Ummm, the CBP agent is not going to assume that you plan to lie on your 1040 EZ by trying to deduct a personal trip to Bali by claiming you were at a conference. They aren't looking for that kind of detail. Even if you admitted this was your plan, they can't do anything to you as you haven't done it yet. Frankly, he came off sounding like a paranoid weirdo who is some serious need of medication. Paul, if you are reading this, try wearing a tinfoil hat next time.. jus a little extra protection against the government's mind control rays.
Actually, a stronger argument could be that the questions are so generic that they provide no real useful information. So why pay someone to ask them? Well, as someone else noted, they are looking for people who differ from the norm. If you don't want to be poked, prodded and searched just answer the damn question and move on.
sheepmommy at September 11, 2010 1:46 PM
Amy Alkon
http://www.advicegoddess.com/archives/2010/09/11/an_interesting_1.html#comment-1753447">comment from sheepmommyDisagree, sheepmommy. Get what he's saying entirely. They CAN use this to arrest you, on mere suspicion. This is why I'm against all the overlegislating in our country. Innocent people can be imprisoned when there's a law against everything...spitting, walking backwards on the sidewalk on Tuesday, etc. I believe it was Oliver Wendell Holmes who said "Ignorance of the law is no excuse." Try it sometime, and you'll see.
Amy Alkon
at September 11, 2010 2:09 PM
Amy there is a diference in overlegislation between trying to make otherwise trivial pursuits illegal and reentering the country. Again he can assert his rights and he is free to do so. Doesn't mean his path back into this country can't go with a hiccup or two, or three....
Richard Cook at September 11, 2010 2:31 PM
This guy sounds a few fries short of a happy meal. The terrorism thing has everyone on edge, especially at an airport. Why were you in China?” seems like a pretty innocuous question.
If he wants to make a stand on something people actually care about, how about doing something about the pat down searches or invasive seeming new scanners? Those both freak me out, even though I know they're for safety.
He declined to answer if he packed his bags himself? OK, he's got some problems.
KrisL at September 11, 2010 3:52 PM
What the hell is wrong with you people?
What fucking right do the authprites have to ask you about every posible decision in your life if you have done nothing wrong, and there is no resonable suspicion of wrong doing?
Why did the border patrol agent need to know where you were going if you were already in the middle of the US and werent under arrest? Do you really think he was making idle conversation?
Why do you think twords the end of his being held thy suddenly stopped asking him questions about his purpose and switched to asking him to make statments which might contradict his written customs declaration?
lujlp at September 11, 2010 3:59 PM
Not to add fuel to any fires, but part of the border patrol agent's concern on my *entering* the US with my kids and my passport and their birth certificates and a notarized letter from their mother was that their mother was not present.
No, she wasn't however, we were returning into the country, and we had a notarized letter of her permission and the kids birth certificates postively naming me as their father.
Now, when their mom takes them to Mexico and returns, even though they should have the same documentation, the same notarized permission, it turns out neither the Mexican authorities nor the US Border Patrol ever bothers to ask them about it.
Showing the difference and problems with the Mexican border (the US/Canadian Border Patrol agent was an insensitive asswipe but at least he was arguably addressing a known problem of child kidnapping) as well as institutional biases against men traveling with children or favoring women with children. Women would never kidnap children, except of course, they do all the time.
jerry at September 11, 2010 5:18 PM
Those who would give up their rights for perceived safety deserve neither.
Brandi at September 11, 2010 6:27 PM
I'd sure as hell love to know what u.s. citizen Mohammad Mohammad was doing in Pakistan/Yemen/Somalia for the last 8 months or so. Wouldn't you?
This guy is just a little dick, she's getting far more attention than she deserves.
Raymond at September 11, 2010 8:22 PM
And BTW, I haven't read his blog, but the first thing I think about regarding male expats in asia is that he's into little boys. Sorry, but its the truth.
Raymond at September 11, 2010 8:23 PM
Reading this, I thought it unsurprising this guy got hassled; there's a certain deference that cop-types expect, and you can expect to be inconvenienced (at best) if you fail to deliver it. The only way these unnecessary questions ceases is if everyone starts refusing to answer them. I don't think it likely; in his shoes, I've always said, "business," "visiting family," or "vacation," and been on my way.
And BTW, I haven't read his blog, but the first thing I think about regarding male expats in asia is that he's into little boys. Sorry, but its the truth.
Most men I know who travel to Asia go there for business or to sightsee with their wives or girlfriends. I think you need to find better men to associate with.
Christopher at September 11, 2010 9:00 PM
SwissArmyD writes: Boyo is rude for giving the customs agent a hard time. Sure, as long as your papers are in order, nothing much need be said.
It makes sense for the customs agents to engage you in conversation, and they need some standard question to ask, to get you to open your mouth. I'm sure there is some behavioral stuff going on here. At the same time, as a US citizen, you do not have to answer intrusive questions to re-enter your own country (the guy posted a follow-up with the legal reference for this).
However, I agree with SwissArmyD: the guy could be polite about it. There is no need to stomp all over the poor sot sitting behind the desk. Rather than the confrontational "none of your business", he could just have said "Nice place, China, how are you doing today?". If the agent then pushed, he could have said "I don't care to answer that question".
jerry writes: Not to add fuel to any fires, but part of the border patrol agent's concern on my *entering* the US with my kids and my passport and their birth certificates and a notarized letter from their mother was that their mother was not present.
Huh? I have travelled to the USA with my kids - without their mother - a few times over the years. The first trip was with an infant (Amy's pet peeve). This never raised any eyebrows at the border. I was certainly never asked for their birth certificates. Granted, we all had USA passports. What is your situation, that you had problems here?
bradley13 at September 11, 2010 11:30 PM
One time, my husband and I were going through, and the customs guy at Logan asked me what I did for a living. (We were on our way back from a ski vacation in Europe). I hadn't found a job in my new location yet, so I said "Housewife" as I didn't want to say "Unemployed bum".
He narrowed his eyes, leaned forward, and hissed, "But what do you REALLY do?"
It was very odd. I'm not sure what he expected me to say, "International super spy"?
NicoleK at September 12, 2010 12:51 AM
"And BTW, I haven't read his blog, but the first thing I think about regarding male expats in asia is that he's into little boys. Sorry, but its the truth."
I live in Asia, and that's not really an accurate depiction of most ex-pats...what makes you think so?
Asia's a big place, what may be acceptable in Thailand won't be in Japan, etc.
crella at September 12, 2010 6:08 AM
Almost without exception, I am treated much better entering Japan or a European country than I am returning to the US, my country of citizenship. What the hell is up with that!?
It doesn't make sense, no matter how you look at it. I am glad this guy decided to stand up for himself. I've been ashamed in Detroit more than once watching Detroit immigration officials bellow at Japanese students until they cry.
I've stepped in to translate once or twice. When I translated for one young woman already in tears when I stepped up, the Customs official bellowed (and no, I'm not deaf) 'How....long...are....you...staying?' and 'What's...your... purpose... in... coming.. to... the US' one word at a time as if the young woman in question had a problem, in a big booming voice. Real nasty attitude. I translated her answers that she'd be in the US 6 months, and that she was a student, and had the Customs official smirk and say 'Well that's all you had to say and you would have been alright' which I "translated" to the young lady in question as 'These officials are on a power trip, don't let them spoil your time in the US!' Shameful behavior.
crella at September 12, 2010 6:17 AM
Winning Answer: "I fuck my husband's brains out."
brian at September 12, 2010 6:20 AM
If you care about this, I would suggest that your Congressman is the person to write to and complain about it. Nobody else can or will change things. Better yet, seek out the tourist industry in your area and get them to lobby Congress for better treatment for visitors and returnees. It's not like they don't want the business.
Travel has become such a pain that I avoid it when possible, especially flying anywhwere.
I'll also second crella's observation. I've been to almost a dozen countries, several many times over many decades. US Customs and Immigration are consistently the most rude.
MarkD at September 12, 2010 6:46 AM
Every customs and immigration authority asks this question and has for as long as I can remember. You simply answer 'business' or 'leisure'. They typically don't press you for more unless you give them reason to. This guy refused to answer and so of course they questioned him further.
Customs agents are attempting to intercept illicit and dangerous imports. They don't expect that people are going to acknowledge that they are importing these items. They may not even know that they are illicit, or that they possess them in the case of biological agents. So they ask where you've been, and why, in order to develop a profile.
How else should they go about this if they can't ask these questions?
Martin at September 12, 2010 6:48 AM
"jerry writes: Not to add fuel to any fires, but part of the border patrol agent's concern on my *entering* the US with my kids and my passport and their birth certificates and a notarized letter from their mother was that their mother was not present.
Huh? I have travelled to the USA with my kids - without their mother - a few times over the years. The first trip was with an infant (Amy's pet peeve). This never raised any eyebrows at the border. I was certainly never asked for their birth certificates. Granted, we all had USA passports. What is your situation, that you had problems here?"
Bradley14, there is no situation, except for child kidnappings across borders, and things like the Hague Convention. If you were traveling with kids across a border and weren't asked for passports or birth certificates for the kids you should probably demand the border patrol agent be fired.
Instead of accusing me of having some sort of situation, perhaps you should google traveling border passport children.
You could do it for yourself, but here:
http://travelwithkids.about.com/cs/carplanetips/a/crossborders.htm
jerry at September 12, 2010 10:52 AM
@Raymond if you think all there is in Asia is little boys, you need to get out more. There's many smalltown folk who really need to travel more before they comment on travel, I hereby accuse you of being one of them.
I travel so often, I've used up four passports, any by far, the US is the worst country to enter. You can wave a flag (pun intended) about terrorism, but I'm a New Yorker.
@Raymond, how can violating the 5th amendment of hundreds of thousands of citizens catch a single citizen-become-terrorist who can simply say lie and be on his way?
For those of us committing no crime, lying is the worst crime; for those planning terrorism, lying is but a trifle.
I've been strip-searched three times (twice at O'Hare) for the suspicious activity of traveling too often. I've also been to most parts of Asia.
Not sure where "traveling often" means I have no 4th and 5th amendment rights.
Allan at September 12, 2010 12:51 PM
Why were you in China?” seems like a pretty innocuous question.
This is how rights get erroded away to nothing.
I mean, you won't mind if your local constabulary drops by and checks the serial numbers on your consumer electronics, do you? I mean, if you're innocent of theft, you don't really need 4th amendment protections, do you?
The jackass in me says the correct answer to "Why were you in China?" is I'm not authorized to reveal that information to you. However, I can contact my superiors and see if they'll allow you to be read in. May I call them?
Alternatively, I was trying to buy a wife, but I couldn't close the deal.
I R A Darth Aggie at September 12, 2010 1:20 PM
"I'd sure as hell love to know what u.s. citizen Mohammad Mohammad was doing in Pakistan/Yemen/Somalia for the last 8 months or so. Wouldn't you?"
Exactly!
There are better ways to protect your rights than to assert them obnoxiously at your own expense and inconvenience. It's also Lukasc's first amendment right to loudly make bomb jokes at customs-but what a stupid idea. It reminds of a guy I knew who bragged about how next time a car tailgated him, he was going to slam on his brakes so it'd crash into him and force the driver to pay for the accident. I don't want to be around anyone who's that eager to cut off their nose to spite their face.
Shannon at September 12, 2010 3:09 PM
This is how rights get erroded away to nothing.
You have never had the right that you assume you are losing.
Also, to the other commenters who haven't recognized the distinction, the relevant amendment is the 4th, not 5th, and this applies to searches of personal property, not asking you a question.
Regarding searches, the supreme court has specifically allowed these searches at border entries. In truth you are not actually in the USA when in these zones and they operate under a specific legal doctrine.
Any legally recognized police authority in the US can ask you a question. If you refuse to answer that question, they may have the right to detain you, and then you have a right to counsel, provided you aren't being held as a witness. That's how due process works.
It's funny that people assume that this is some new anti-terrorism policy, because it's been in effect since about 1789. So basically everything is the same as it has been for centuries.
This is a non-event.
guy who actually knows what he's talking about at September 12, 2010 5:40 PM
I am picturing Eric Cartman from South Park, you know the episode where he gets to be a deputy at the age of eight and he goes around saying "Respect My Authoritae!!!" And this guy (the one who likes visiting asia and has a trailer of a movie with really hot and young asian prostitutes on his blog) is like the ridiculously white guidance counselor "Authority's bad, hmmm kay, and I don't have to answer your questions, hmmm kay"
I am pro prostitution, it's one of many invisible hands in this economy right here in the good ol' USA, and I don't think anyone should have been detained for not respecting authoritae!!!! I just think it's funny that he has that up on his blog like a big ol' middle finger for every prude to feast their eyes on.
Gspotted at September 12, 2010 10:04 PM
Leave a comment