The following is a breakdown of why people are targeted for this extra questioning when entering the US at the airport or the border, what your rights are if you are selected, and what to do to help to make it a smoother process and avoid secondary security checks in the future. Please note that the following does not apply to checking-in for flights or boarding aircraft within the United States or when leaving the country.
In order to enter or re-enter the United States, travelers must go through two processes at U.S. ports of entry: immigration and customs. Customs and Border Protection officers, a division of the Department of Homeland Security, handle both aspects at the border.
All air travelers must provide to CBP a valid passport, proper immigration paperwork if they are seeking admission into the US, and follow CBP regulations on prohibited items.
CBP officers have the statutory right and responsibility to verify the identification of travelers, their admissibility to the United States, and that travelers have not been engaged in illicit activity that poses a threat to national security.
CBP is also granted the statutory authority to search all persons, baggage, and merchandise arriving into the United States. Interestingly, the Ninth Circuit Court of Appeals recently held that a search of a traveler’s laptop files at LAX was neither an illegal search nor seizure, and instead was similar to routine luggage inspection.
Now here’s where secondary questioning and inspection comes in. In addition to selecting someone because of "individualized behavior" patterns, because a person has arrived from a "high-risk" country, or because of a "completely random referral," CBP relies on the Interagency Border Inspection System to determine which travelers will be targeted for secondary examination. IBIS is a system used by 20-plus governmental agencies to track people involved in actual or suspected criminal or terrorist activities.
Information in the IBIS system is derived from various sources, including the Terrorist Screening Center consolidated watchlist.
You may have heard of the "no-fly list." The "no-fly list" is essentially the highest terrorist-related classification of names derived from the TSC database. Those people whose names are on the "no-fly list" are prohibited from flying.
The next classification is "selectee," and if you face repeated delays at ports of entry, you may be classified as a selectee, or your name may be similar to that of someone classified as such.
If you are selected for secondary examination, here are some things to remember. First, recall that racial and ethnic profiling violates the Department of Justice and Department of Homeland Security’s stated policies, as well as Constitutional equal protection guarantees. Regardless of whether you have been selected because of wrongful racial profiling, because your name has been confused with that of another person on the watchlist, or because your recent travels or activities have implicated you in some way, it is important to remain polite and calm during the inspection process. Answer any questions asked by CBP officials to clarify your identity and the legitimacy of your recent travels. You are not required to answer any questions that you feel are inappropriate, completely irrelevant to your identification, citizenship/immigration status, or recent travels, or you feel uncomfortable answering. You may politely but firmly inform officers that you are uncomfortable with their line of questioning.
If you feel you have been inappropriately questioned or you feel that your ethnic or religious background was a significant factor in your being selected, ask to speak to the agents’ supervisor(s), and get the business cards, or at the very least the names, contact information, and agency information of all parties involved. This will greatly facilitate any follow-up on the incident.
If you are catching a connecting flight, it is a good idea to schedule a few hours between your flight arriving into the US and your connecting flight. This way, you will not feel time-pressured into answering inappropriate questions you otherwise would not wish to answer.
Also, please follow all customs rules and regulations and documentation requirements for admission or entry into the US.
While the Council on American-Islamic Relations and other legal advocacy groups continue to analyze the over-occurrence of CBP selecting Muslims for secondary inspection, as well as working with CBP on the criteria it uses in determining how a person’s travels or individualized behavior warrants further inspection, take the following measures if you have repeatedly experienced border delays:
-Contact your local CAIR office or other civil rights organization to register your complaint and to discuss your options.
-Write a letter to your Congressional representative. Explain your situation and ask him/her to look into the matter.
-Fill out a Travel Redress Inquiry Program request. This process was developed for people who experience such delays, and essentially asks DHS to take your name off of any watchlist, or to add relevant identifying characteristics to the list so agents know that you are not the person on the list. Please be aware that you will never be informed whether you have been on or taken off of the list. You can file a TRIP request at www.dhs.gov/trip.
-If you have been subjected to border delays repeatedly, you may want to consider requesting access to records or files on you under the Freedom of Information Act. A FOIA request may be submitted to FOIA officers at each governmental agency that is covered by the Act.
-In some severe cases, it is possible to work with CAIR-LA on a "Port Expedite." This process essentially speeds up secondary inspection by providing TSA or CBP with your relevant identifying information. This is done on a case-by-case basis.
Be safe, be healthy, enjoy you travels, and don’t forget that you do have certain rights when traveling back into the US, and certain recourses should those rights be violated.
Ameena Mirza Qazi is a staff attorney for the Greater Los Angeles-area chapter of the Council on American-Islamic Relations.