Summary of Questions and Answers: CBP Trusted Traveler Program Redress from March 2014

I am will be working on the next series of questions and answers for CBP’s Trusted Traveler Program Redress.  As I mentioned in a previous blog, I am very excited to report that I have been appointed to the AILA(American Immigration Lawyers Association) CBP National Liaison Committee.  The last CBP Trusted Traveler Redress Advisory was published as a Q&A by AILA on March 7, 2014, based upon meetings and teleconferences with CBP during 2013-2014.  Here is a summary of some of the important points discussed in this Q&A:

1.  REVOCATION REASONS

• AILA CBP National Liaison Committee raised the issue of CBP revocations that fail to state the reason for the denial.  CBP responded that in many cases, the denial and revocation notices would not disclose the reason(s) for the denial or revocation.
• I certainly would like to work on this issue as I believe people should know the reasons for a revocation.

2.  APPEAL PROCESSING TIMES:

• What is the expected response time to a request made to the Ombudsman?  CBP Answer:   “There is no specific processing time, but the CBP Trusted Traveler Ombudsman generally responds within six months of receipt of the request for review.”
• I can verify this answer based on personal experience for appeals I have submitted
• CBP also indicated that no procedures exist to expedite an appeal.

 3.  revocations due to criminal incidents

As to the question of whether any criminal incident would lead to a revocation, here is the reply given by CBP:

•  “Any infraction of customs or any other law is a basis to deny or revoke Trusted Traveler status. Trusted Travelers enjoy admission to the U.S. without normal screening and inspection by CBP. It is CBP’s responsibility to make sure that only those who meet the requirements of “trusted traveler” be allowed in the program. Trusted Traveler program status is a privilege, not a right. Denial or revocation from a Trusted Traveler program does not mean that the applicant may not apply for admission to the U.S.; it just means that he will have to be screened and inspected like everyone else not granted Trusted Traveler status. CBP will exercise its discretion in determining whether to approve an application for Trusted Traveler status. For example, if an applicant was convicted of Driving While Impaired (DWI), or similar offense, a long time ago, this may possibly be overcome. Note that passage of no specific interval of time will make an offense beyond the scope of consideration by CBP for Trusted Traveler participation. Similarly, there is no list of offenses, including DWI, that are considered by CBP to be sufficiently minor to be beyond the scope of consideration. Most importantly, applicants must be honest when completing their applications for Trusted Traveler status. Failure to disclose an infraction, no matter how minor or remote in time, will result in disqualification from Trusted Traveler program participation.”
• I interpret this to mean that it is very much of a facts and circumstances decision by CBP.
• People I have spoken with have indicated that in discussions with CBP at their Global Enrollment Center interviews, the agents indicated that a misdemeanor over 10 years old would not result in revocation.  The answer above to me indicates that there is no such, ’10 Year Rule.’  However, if you have had one minor incident from many years ago, I would believe that you could succeed on an appeal.  See one of my prior blogs on this issue.

4.  Failure to disclose

• The Committee advised CBP that some people who receive pardons also are told that, as a result of the pardon, they may treat the conviction as if it never occurred.  These applicants may mistakenly, but honestly believe they are answering truthfully when they deny criminal misconduct on a Trusted Traveler application. CBP agreed to look into clarifying this issue on its website by advising that one must disclose arrests/criminal charges on the application even if he or she received a pardon or other ameliorative relief.
• I interpret this to mean CBP wants applicants to declare the incident, even if it has been pardoned or vacated.
• A follow up question is what if the applicant has received a state Order Prohibiting Disclosure of Criminal History Record Information.  Under state law, the applicant has the right not to disclose the incident at all, under any circumstances.