CBP $5k SENTRI Fines: Questionable Recent CBP Tactics at San Ysidro

CBP has been engaging in very questionable strong-arm tactics with U.S. citizens at the San Ysidro port of entry recently

For those of you who are not familiar with this trend, CBP is taking a very aggressive line with U.S. citizens who are caught, often unaware, in the SENTRI lane without a SENTRI pass.  I say 'often unaware' because Google Maps tends to lead people into that lane.  Once you are in that lane, you are effectively stuck.  The lanes have barriers.  Some of the locals there are trying to make a living by offering to move the barriers for a 'cash donation.'  Those people are, of course, in no way affiliated with CBP.

If you are a driver OR a passenger caught by CBP for the third time in the SENTRI lane and you are not a SENTRI pass holder, you are in for a long day.  Here is the pattern I have heard:  CBP puts the driver or passenger into Secondary Inspections.  Many people report being handcuffed or chained to a bench in Secondary.  When you finally meet with an officer, CBP will allege that you have committed a statutory violation.  The officer will tend to say that CBP will confiscate the car unless you pay a $5,000 fine on the spot.  

It is important to note that CBP is on very shaky legal grounds with these fines.  CBP tends to assert a violation of 19 U.S. Code §1459, arguing in some dim fashion that the passenger or driver has failed to report a conveyance.  It's important to note that a passenger/driver can contest these fines.  CBP will issue CBP Form 5955A, which gives 60 days to contest the fine.  

CBP's recent questionable practice is that they are giving a person who is at the end of a long and very stressful day a one-page Petition for Remission.  The officer will say fill it out now.  Most people have no idea they are filling out the Petition for Remission.  After 3 hours of being in Secondary, they just want to get out and scribble something quickly on the paper.  Note that CBP Form 5955A gives a full 60 days to fill out the Petition.  I do not recommend scribbling something quickly on the Petition for Remission that day.  Pay as little as you can on the day of the incident.  Contest the matter.  My experience is that writing a good Petition for Remission will significantly knock down the CBP $5,000 fine.