US CBP - above the law?

[popsjumper 2]

Geez....any seasoned border-crosser knows that there are certain words you do not use in front of BP bozos...here's a couple:
- Work
- House/living

These are red flags that get you pulled over nearly every time.

You cross borders simply to visit for a few days or a week.
And you don't carry anything but the bare necessities. Everything else gets shipped. Driving across isn't a good idea either...it just gives them one more opportunity to screw with you.

Of course, Canadians, like Mexicans, do have the "Backwoods" option.

My reality and yours are quite different.
I think we're all Bozos on this bus.
Falcon5232, SCS8170, SCSA353, POPS9398, DS239

[aphid 0]

You write with apparent experience or knowledge in this field. Certainly more so than me. Perhaps you practice law or might even work with/for CBP.

Regardless, I'll do my best.

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What ordinarily happens is that an alien who appears to be acting in good faith but is inadmissible is allowed to withdraw their application to enter the USA. They then leave 'voluntarily'--of course it is not really voluntary but it avoids the 5-year (or lifetime) bar.

I concur with your statement based on my research over the last 18 months or so. I can only add that while I consider myself reasonably intelligent, reasonably well-traveled, and reasonably well-read, if an officer had suggested that to me, I truly would not then have had a clue what he/she was going on about.

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If the alien is clearly acting in bad faith, they may not be allowed to withdraw their application (triggering a bar).

Is this a CBP policy? Or is it Law? Is there evidence of "bad faith" being a justifiable ground for ER in the Act?

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And if the alien chooses this particular point in time to "push back"--there may be no choice but to proceed with Expedited Removal/5-year bar.

I suppose that depends on whether we can agree what constitutes pushing back. To me, it was when, after interrogation for 4.5 hours going around and around on the same topic, not being allowed to go to the bathroom (and I was desperate), I slammed my hand on my knee and growled, "What part of this don't you understand?!" If that's against the intent of the Act of Congress, then yes, I am guilty. Is this CBP policy? Is there evidence of treating an officer with contempt being a justifiable ground for ER in the Act?

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Yes, one can be fingerprinted, etc, if one withdraws one's application for admission to the USA. Have a look, for example, at the following immigration law site, specializing in Canada-USA issues:
"US Customs usually finger prints and photographs you making you feel very uncomfortable to say the least"

Interesting. I stand corrected. Our laws differ in Canada apparently.

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And just to be sure, I checked with the reporter who lined up the guest writer. Does that clear it up?

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This is a nuance that I highly doubt a Globe and Mail reporter would have the slightest clue about. Now if you told me that an immigration attorney representing the Roberts family confirmed they were issued an Order of Expedited Removal, then I would stand corrected.

I suppose the reporter I spoke to (who doesn't work for the Globe, by the way, but is familiar with the author and topic due to a concurrent series of exposes) could have chosen to lie to me for reasons unknown.

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So what IS it intended to be used for in your opinion? Since ER came into being in 1997, it seems clear that it was not originally a post-9/11 antiterrorism measure (tho it may have evolved in that direction).

Congress doesn't make laws for no reason. If ER doesn't even have enough teeth to deal with someone who turns up at the border clearly intending to work illegally--what purpose would the law even serve?

There are hundreds of items available on the internet dealing with this topic, I'm sure you could find many and are likely aware of them. But I'll direct you to just one. In consideration of full disclosure, it is posted on a web-blog for an Immigration Attorney. It notes in part this list of reasons:

* Fraud or misrepresentation [INA Section 212(a)(6)(C)(i)];
* Falsely claiming U.S. citizenship [INA Section 212(a)(6)(C)(ii)];
* An intending immigrant who is not in possession of a valid unexpired immigrant visa or other suitable entry document [INA Section 212(a)(7)(A)(i)(I)];
* A nonimmigrant who is not in possession of a passport valid for a minimum of six (6) months from the date of the expiration of the initial period of stay [INA Section 212(a)(7)(A)(i)(II)(i)]; or
* A nonimmigrant who is not in possession of a valid nonimmigrant visa or border crossing card at the time of application for admission [INA Section 212(a)(7)(A)(i)(II)(ii)].

Note: That's them. No mention of working. Or being the wrong colour. Or supporting the wrong hockey team.
http://www.borderimmigrationlawyer.com/expedited-removal/

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2) Orders of Expedited Removal, even when unlawfully or incorrectly applied by a Border employee, are exempt from review by Federal Courts.

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This part I do agree with, but I still contend that this review process would be of little help to a typical Canadian tourist.

Well, a judicial review of my case (if I was successful of course) would allow me to spend my winters and jump and Scotch budget in Eloy a helluva lot sooner than five years.

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Judicial review of expedited removal orders WOULD help people like Maher Arar, the dual Canadian-Syrian citizen who was deported to Syria, despite traveling on a Canadian passport, in 2002 and then tortured.

Agreed. Not one of either of our nations finer moments.

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Entering the USA without a proper Canadian address is illegal even if you don't plan to work illegally.

Really? Can you show me where I can find that information? I should send that to the Canadian Snowbird Association to warn their members who live year-round in their coaches.

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So I may have spoken too soon when I claimed that Canadians don't understand the obligation to obey US law.

No worries. We're accustomed to not being readily understood by our neighbors.

Anyway, Andy (if you're reading) I believe that portion you mentioned previously is the applicable part of the Statute (is that the right word?) that limits judicial review.

If it really matters, I was ER'd on the basis of: INA Section 212(a)(7)(A)(i)(II) A nonimmigrant who is not in possession of a valid nonimmigrant visa or documents at the time of application for admission

Visiting Canadians need have only a vaild passport as we are a visa-exempt nation. To do the work-around, they charged I "intended" to work illegally. With volumes of evidence and testimony to the contrary, it doesn't matter due to the limits on review. (Actually, I was "intending" to jump lots, ride my Harley more, drink a bit and chase a particular skirt I know)

You know, this isn't really about my vindication as I harbour no delusions of actually succeeding in my legal action. I just find it surprising that the Act of Congress limiting judicial review seems to (in my humble opinion) directly contravene parts of the Constitution.

A sad tale indeed.

[aphid 0]

Andy: you might find this audio file interesting. 26 American lawyers challenging the immunity of CBP from judicial review arising from the actions of Border agents on the northern border (I hope this link works)

http://www.cbc.ca/video/news/audioplayer.html?clipid=2146144504


There is this text variation of the story that expands on the ER situation located here:

http://www.cbc.ca/thenational/indepthanalysis/gopublic/story/2011/09/26/bc-borderguard.html

And yes, that's me in the article. Although my situation arose at a different Port of Entry.

And finally, here is a link to the news broadcast about this topic:
http://www.cbc.ca/video/#/News/Local_News/BC/1317899897/ID=2147431987

(ETA link for video file)

[CanuckInUSA 0]

Having spent 8 years living and working in Colorado via a series of temporary NAFTA TN-1 work visa from 1998 through to 2005, I encountered many Border Control and INS agents along the way. Crossing the border was never an issue when my TN-1 was in date. Also whenever I needed to apply for a new TN-1 I would tell the Border Patrol person I needed to see an INS agent so the Border Patrol people never gave me problems. However as the years progressed INS went from being nice to me to being complete shit heads. Around the year 2002 I applied for a TN-1 at the Alberta/Montana Sweetgrass border crossing and the fellow who processed me was nice and professional. However in 2004 I crossed the same border and met with the exact same INS agent and he was a complete and utter asshole to me questioning my qualifications. Good grief my entire border crossing and visa application history is in his computer system, can he not even read that two years earlier he himself issued a new TN-1 visa to myself and yet here he was questioning whether or not I was qualified for the visa? He did eventually give it to me, but it was a clear power trip he was on. I don't know, yes the US has the right to decide who they let into their own country, but it sure makes no sense how the entire southern border is ignored while they are complete and utter ass wipes on the northern border.

If the US wants to build their fence to keep us Canadians out, I know which side of the fence I will be on. Never thought I would see the day when the US made an enemy out of myself. I thoroughly enjoyed my time in Colorado (some of the best years of my life), but America needs to open up their eyes. We here in Canada have a pretty good thing going and because of this we are not in the same rush as some of the Mexicans in terms of becoming illegals.

"Mr Obama do NOT build your wall" - said in my best Ronald Reagan voice.

Try not to worry about the things you have no control over

[muff528 3]

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.....but it sure makes no sense how the entire southern border is ignored while they are complete and utter ass wipes on the northern border.....

Being assholes on the northern border makes them feel like they are relevant and that their job/existence has some meaning ....even with the knowledge that they have completely lost control of the other border (albeit through no fault of their own). It must be frustrating to them knowing that it is their own employer's policy to demonize, and sometimes criminalize them as they conduct their prescribed duties).

[SivaGanesha 2]

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Having spent 8 years living and working in Colorado via a series of temporary NAFTA TN-1 work visa from 1998 through to 2005, I encountered many Border Control and INS agents along the way. Crossing the border was never an issue when my TN-1 was in date. Also whenever I needed to apply for a new TN-1 I would tell the Border Patrol person I needed to see an INS agent so the Border Patrol people never gave me problems. However as the years progressed INS went from being nice to me to being complete shit heads. Around the year 2002 I applied for a TN-1 at the Alberta/Montana Sweetgrass border crossing and the fellow who processed me was nice and professional. However in 2004 I crossed the same border and met with the exact same INS agent and he was a complete and utter asshole to me questioning my qualifications. Good grief my entire border crossing and visa application history is in his computer system, can he not even read that two years earlier he himself issued a new TN-1 visa to myself and yet here he was questioning whether or not I was qualified for the visa? He did eventually give it to me, but it was a clear power trip he was on. I don't know, yes the US has the right to decide who they let into their own country, but it sure makes no sense how the entire southern border is ignored while they are complete and utter ass wipes on the northern border.

The TN-1 visa is a wonderful tool often used by Canadians and their US employers for the wrong purpose.

The TN-1 is intended to be a very fast way of obtaining authorization for short term work in the USA in a number of fields. You can apply directly at the border and completely bypass both the wait times and the quotas associated with other visas. No other nation besides Canada enjoys this privilege in the US job market. Properly used the TN-1 allows Canadians, at least in certain fields, to compete on close to a par with US citizens in the US job market.

What it's not intended to be is a long term substitute for a green card. It can be renewed but it is intended to be temporary in nature. If you have a permanent job, you've passed your initial probationary period, had a good first annual review--the employer should be moving you to H-1B status and, ultimately, a green card. A Canadian who is hanging around the USA for 8 years in TN-1 status is going to raise some red flags, unfortunately.

The TN-1 is supposed to help Canadians get their start in the USA, but you aren't supposed to get too settled in until you have a more long term kind of status. It's also not smart to stick in TN-1 status indefinitely because career advancement opportunities are limited. You limit yourself, career wise, to the limitations of the visa.

You are trying to distance yourself from the Mexican illegal immigrants but you have more in common than you may acknowledge. Show me either a Canadian stuck in TN-1 status or a Mexican illegal immigrant--and most of the time I'll be able to show you a wealthy American employer taking the path of least resistance rather than doing the right thing. Because they are legal (and supposedly have a "great thing going" back home), however, the Canadian has more leverage to stand up to their US employer and insist that the right thing be done.

"It's hard to have fun at 4-way unless your whole team gets down to the ground safely to do it again!"--Northern California Skydiving League re USPA Safety Day, March 8, 2014

[marks2065 0]

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.....but it sure makes no sense how the entire southern border is ignored while they are complete and utter ass wipes on the northern border.....

Being assholes on the northern border makes them feel like they are relevant and that their job/existence has some meaning ....even with the knowledge that they have completely lost control of the other border (albeit through no fault of their own). It must be frustrating to them knowing that it is their own employer's policy to demonize, and sometimes criminalize them as they conduct their prescribed duties).

The US customs oficers on the canadian border are assholes. when I have gone to canada the canada border agents ask where you are going and says have a nice day. Coming back to the US I have been questioned at length several times, stopped and searched, had my car door panels pulled back and damaged, and strip searched once. but at mexican border the US agents say have a nice day.

[SivaGanesha 2]

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The US customs oficers on the canadian border are assholes.

So the question then is raised--if they are known to be a-holes, why would a Canadian give CBP more power than necessary over their life by remaining in TN-1 status indefinitely?

"It's hard to have fun at 4-way unless your whole team gets down to the ground safely to do it again!"--Northern California Skydiving League re USPA Safety Day, March 8, 2014

[aphid 0]

Might be the single-malt talkin', but... IF I sneak across the border like a real illegal and I'm caught, I get arrested, charged, and put before a judge.

IF I'm caught on US soil as a real illegal, I'm arrested, charged, and put before a judge.

But because I was just alleged to have been an "intending" illegal from Canada and hit with a significant life-altering penalty, I cannot appear before a judge, and the US Federal Court has (thus far*) said they have no jurisdiction/authority to hear my lawsuit against US Customs & Border Protection, Seattle Field Office Director Michelle James, Dept of Homeland Paranoia, and the lovely Ms. Janet Napolitano.

Maybe I should go to a better tanning salon, dye my hair black, learn Spanglish, and parachute across that "longest undefended peaceful border in history". Arrest THIS, you motherf**kers...

"Oh, good morning Your Honour. A pleasure to finally meet you."

(* now in the Appeal phase arguing against the ruling that the Federal Court dismissed saying they lack the authority to review CBP Orders of Expedited Removal issued unlawfully against exempt Canadians)

[Gravitymaster 0]

Just stay home from now on. There's nothing to see here anyway.

[aphid 0]

While I may tend to agree with the implied message in your reply, what there is for me to "see" is the hundreds of international skydiving friends I have made over the years at Eloy and jumped with every winter.

That's really what they have (allegedly) unlawfully taken away from me. And that's why I'm fighting them.

I just hope somewhere in the 9th Federal District Court there is a Justice who actually respects your Constitution and the rule of Habeas Corpus.

ETA: ("allegedly") it's only alleged until a formal judicial determination