CBP $5k SENTRI Fines: Questionable Recent CBP Tactics at San Ysidro
- July 6, 2022
- Category: CBP, CBP
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.
Yup, this is still going on. On July 2, 2022, I made the ill-fated decision to take a trip to Tijuana, relying on CBP’s “Border Wait Times” website, which indicated a reasonable wait of 60 minutes to return to the US.
When I decided to make my way back north, it became apparent that the wait time was much longer than one hour. It appeared that the Tijuana police were actually blocking access to the “general traffic” lanes. After driving around for an hour or so, I decided to give the Otay Mesa border crossing a shot. As you stated, I entered Otay Mesa Border Crossing into Apple Maps and began following the turn-by-turn directions.
Ultimately, I was guided to the SENTRI lanes at Otay Mesa, and once in them, there was no way out. As I approached the gate, I frantically informed the two CBP officers standing short gates of my situation. One officer just took a look at my passport and told me to continue to the gate.
Upon arrival at the actual booth, the CBP officer seemed to think the whole thing was rather amusing, stating, “Well, I hope you have 5 grand on you!” and then loudly proclaiming, “We just got another $5,000!” to one of his colleagues.
Went to secondary, and while I wasn’t handcuffed or anything like that, was made to spend around 3 hours waiting for them to complete some paperwork. I was constantly belittled and repeatedly told that I was going to lose my car.
At the end, I managed to only pay $54 and was released. I have no way of paying $5,000, and at this point, don’t intend to.
You can fight it, but you should not ignore it. The federal government could place some form of a lien on you if you ignore the penalty. If you want representation fighting it, feel free to contact me directly.
how can CBP construe an unauthorized use of SENTRI as being a violation of 19 USC 1433? Failure to report the arrival of a vehicle? Huh?
I agree with you. That is a joke of a claim by CBP if you are presenting your vehicle and immigration paperwork to CBP at a border crossing point.
Good afternoon, do you handle sentri recovery cases? Yesterday, after being sentri for 23 years, my sentri was revoked.
Feel free to call or email me
I was recently caught rolling through the century Lane on accident. It wasn’t my first violation. However because of Google Maps and them constantly changing the roads near San Ysidro. I got confused and wound up in that lane again. My dad is 70 years old. They kept him detained in the car. Well they put me in cuffs in front of him pulled me to an inside building and cussed me to a bench for three hours. They found no illicit substances nor anything else illegal in my car when they searched it. There was no reason to detain me or put me in cuffs in front of my father with a heart condition. I believe they were trying to manipulate and force my father to pull out a credit card to pay them $5000. He had chest pain for hours and had to ask to use the restroom twice. I know and face with a $5000 fine. Oh And by the way. While being detained not only was i belittled and made fun of for being blonde but a female officer came and grabbed all my private areas in a room full of male officers and detainees. I felt like a criminal and my father felt helpless and broken watching his child taken away in cuffs FOR NO REASON. I came home in tears
I am sorry to hear about how CBP treated you. You could file a DHS Trip Redress or even pursue a legal complaint by hiring a law firm. I cannot help you with a civil lawsuit over your treatment. I can help you contest the $5,000 fine it is still within 60 days of CBP issuing you CBP Form 5955A. Please feel free to contact me using the Feedback form at https://johnmanley.net/contact-us/
Went down to Tijuana for a friend’s birthday. As our friend was bringing us back across border , he kept getting confused with the roads at night. We kept making circles and turns. After 2 hours we went into the Sentri lane on accident. Needless to say I never go across border. There were 5 of us in the car and we were told about the warning. But the officer said I got dinged twice. There was a glitch in computer and it dinged me twice?? That’s not right plus this is a scam if I have ever heard of one. We were told it could be $5000 each!! That could have been $25000.00!! This is robbery
What can I do to see if I was dinged twice and how long does the warnings stay on? 2 yrs is what CBP said.
If they had fined you CBP would have given you the paperwork that day.
my case is different, I went to cross on the sentri lane my wife and two kids. my wife, son and I have sentri, but my 8yr old doesn’t have it. to our understanding, on my wife interview the agent said if she is a minor it was ok to go through if we as parents were present with her. well, we talked to the first officer and explained him the situation. he said that we all have to have it, then my wife said ok then, I’ll walk with her and me and my other son will continue driving. he said it was too late for that. but we where in México not in the US yet. we wanted to drive back and he didn’t allow it. ok so we continue to the boot and the officer said that my child now has a violation. my question how can you give a children a violation if this wasn’t her choice? she is a us citizen born and raised. and if you argue I guess it gets worse, we didn’t. but now I’m concerned with this violation.
Everyone in the car must have SENTRI to use the SENTRI lane. Hopefully, your son can get it so you can all use the pass. The real question, I believe is whether or not CBP will revoke your SENTRI status.
I am disgusted with your dishonesty. I have sentri, and it took me 2 years to get it so I’m sick and tired of scumbags who pretend not to know they are in the century Lane even though signs go back 2 miles prior to getting in sentri it says sentei it also warns of the fine you will pay if you continue driving in that lane. not only do I think CBP needs to enforce the law more strictly so scumbags don’t take sentri if they are not enrolled , but I think the fine is not imposed often enough. I am sorry you don’t want to wait in a 4-Hour Lane but if you don’t have global entry that’s where you belong. sentri is already getting long enough because unfortunately CBP is issuing the card to anybody who applies so you scumbags take the ready Lane or don’t complain.
As I see it, the problem with the penalties is that CBP does not have legal grounds to stand on when imposing that high fine. CBP cites a statute that justifies the penalties, but that statute has no connection to the Trusted Traveler program or being in the wrong lane of traffic, regardless of the person’s intent.