- June 13, 2013
- Category: CBP, Global Entry
U.S. Customs and Border Protection (CBP) can deny an application to one of the Trusted Traveler programs such as SENTRI or GLOBAL ENTRY due to a violation of CBP Laws, regulations, or other related laws. How should an applicant challenge such an allegation?
Of course, I am only referring to customs violations here. I would approach a criminal arrest or alleged conviction differently. Customs violations can be very minor. I was quoted last year in a New York Times article on Global Entry denials. In the article, a woman had been inadvertently traveling with an apple in her bag. When alerted to the fact that she was carrying the apple, she threw it away, thinking nothing of it. The CBP officer, apparently, wrote her up for a customs violation for this incident and this went into her record. She later did receive her global entry, but the surprising part is that this was actually recorded as an incident.
Global Entry denials typically say, “if necessary(meaning, we really do not want to be bothered), you may also write to the CBP Trusted Traveler Ombudsman at
U.S. Customs and Border Protection P.O. Box 946 Williston, VT 05495 Attention: OmbudsmanIf you have a denial based on a customs violation, you can certainly appeal straight to the Ombudsman. However, my impression of the CBP Trusted Traveler Ombudsman is that they are completely under staffed and not very heavily invested in things such as customer service.
Another option might be to challenge the incident by applying for redress through the DHS Traveler Redress Inquiry Program. You might obtain a quicker response than by proceeding directly to the Ombudsman Appeal office. In addition, if DHS agrees with you, you could use that agreement as part of your Trusted Traveler/Global Entry appeal to the CBP Ombudsman’s office.
The difficult part of this option would be the evidence to submit to challenge the alleged custom’s violation. You might use affidavits, or bank account statements if the incident was a confiscation. Thousands of people enter the country every day at U.S. airports. CBP Officers do an admirable job of keeping the flow of passengers moving. However, an officer can make a mistake. If that mistake involves your record, you should challenge it.
Hello
I would like to appeal my Sentri being taken away and feel that I was being disseminated and treated unfairly while traveling with my kids in the car. The officer did not give an explanation and he did not allow me to ask questions. He just said he was keeping my Sentri and left my kids Sentri cards 8 years ago. I then tried three years ago to apply for a Sentri card and was denied with no explanation. I was advise to appeal it
Thanks
Sandra Loera
I am unclear how long these types of border disputes with CBP officers last on an applicant’s records. You can always file DHS Trip if you feel you have been mistreated. Filing DHS Trip will not result in reinstatement, however.
had a customs fine for a vehicle someone bought from me and tried to export to canada , cbp claimed the serial data plates were tampered with and blamed me even though all work on the trucks etc was done by a company im part owner of. Anyway i paid the fines can i now get my global entry back? can an attorney assist ?
Unfortunately, customs or agricultural violations seem to stay on a person’s record forever. CBP generally likes to see the passage of time with no further negative incidents before reinstating an applicant. How long a wait is anyone’s guess.
Is it even worth applying for a SENTRI card if one has a DUI conviction from 40 years ago? Is that an automatic rejection? And if rejected, is an appeal ever successful?
Any criminal conviction can result in a denial. You should obtain certified copies of the court disposition or transcript (different courthouses use different names for it) so you can show CBP the disposition for this incident. If this is your only incident you may have a good case for reinstatement if CBP does not approve.
When my SENTRI/Global entry expired, I applied for the extension. The application was approved in 24 HRS. About two weeks later I got a letter that my participation in the program was revoked because “You do not meet program eligibility requirements”. The only new thing was that I got a new passport. I do not have any convictions, never got a fine, I do not have even a traffic violation. On the other hand I have HAZMAT endorsement on my CDL. So I am trusted to carry explosives but I am not trusted to go through a fast lane on US entry. Any advice will be greatly appreciated.
Sorry to hear about this. CBP is a law enforcement organization that has gotten into the travel perks business. The problem is that CBP knows nothing about basic customer service. CBP has regularly denied or revoked applications without offering an explanation. CBP apparently expects applicants to figure out the reasons for the denial on their own. The best way is to issue spot the problem yourself. CBP generally denies requests due to criminal, customs, immigration violations, or close association to someone who is a security risk. You can try to file a Freedom of Information Act (“FOIA”). FOIA at times yields little useful information.
Hi there,
A few years ago (2-3), I was coming home from being in Europe and forgot that I’d had deli meat in my bag, which was flagged and subsequently confiscated. This resulted in my Global Entry being rescinded. I have just a few questions:
-If I re-apply now, what is the probability that I will be denied?
-Is there any kind of “list” that I am on due to that previous year violation and if so, am I able to request removal from that list?
-My wife was traveling with me at the time of the incident (different last name) – is she also now unable to apply for Global Entry?
Thank you in advance!
Unfortunately, customs or agricultural violations seem to stay on a person’s record forever. CBP generally likes to see the passage of time with no further negative incidents before reinstating an applicant. How long a wait is anyone’s guess. Given that this is a recent incident, I would doubt that CBP will approve a global entry petition.
Hello,
A family member (Person A) was denied a SENTRI card. It seems the reason was that a family member (Person B), not in their direct family, committed a felony when they were a minor. This was about 11 years ago and Person A had nothing to do with the incident. Is it possible to appeal in this case? Could we do it through an attorney? People related by blood to Person B have been approved for a SENTRI card, but my family member, Person A, wasn’t and we don’t understand why. We would appreciate any help or advice.
CBP has previously denied or revoked Global Entry or SENTRI applicants under a ‘close association is an indication of risk’ basis. How to correct that is anyone’s guess.
Hi, I was convicted of armed robery 10 years ago. Is there anything I can do to increase my chances to get Nexus?