Will Citizens Be Denied Reentry Into The US?
February 21, 2008 By: Kvatch Category: Rights, Travel
With little fanfare, and as little review, new travel rules went into effect on the 19th of February that may have a profound effect on the ability and willingness of Americans to travel abroad.
The Department of Homeland Security has placed an odious new requirement on international air travel to, from, and over the United States. Where previously passenger lists had to be supplied to DHS within 15 minutes of a US bound flight taking off, now those lists must be made available in advance and every passenger must be given “permission” by DHS to board the flight in question. Think about that for a second. A passport is no longer sufficient to allow you to travel abroad, and DHS have given themselves the ability to deny you reentry to the United States…indefinitely.
Though most people don’t know this the right to travel and, more specifically, the right to return to one’s country of origin is guaranteed by the UN Universal Declaration of Human Rights, to which the United States is a signatory. So these new rules are, in effect, a violation of treaties and by extension, the United States Constitution that requires that treaties be treated as the ‘law of the land’.
Though…the small matter of treaty violations doesn’t seem to bother DHS who’ve taken this nonsense one step further. They’ve added new procedural rules that require Customs and Border Protection officers to reject oral declarations of citizenship from people attempting to cross into the US by land. Now…two forms of identification that can establish citizenship will be required, presumably your passport and one other, such as a birth certificate. I don’t know about you, but I’m not in the habit of carrying my birth certificate with me when I travel abroad.
So in the end the question is: When the Feds start using these rules to deny reentry to “troublemakers” (and they will), what recourse does the newly “stateless” person have?
February 21st, 2008 at 4:16 pm
“Sounds like you’ve got something to hide.”
- every breathing wingnut and Richard Nixon from beyond the grave
The problem with stuff like this, is that most people just aren’t bothered by it. Liberty is easily traded for the illusion of safety, and we’re such a narcissistic, exhibitionistic society that gleefully buys into the consumption narrative, that they have no feathers to ruffle, thus, sure, you can decide where I go.
February 21st, 2008 at 4:49 pm
I guess they could live in the airport like that guy in France…
February 21st, 2008 at 6:44 pm
It was all over the news up here in New York, being border state and all. Just another promise the more visible of our two Senators didn’t follow through on.
February 21st, 2008 at 9:38 pm
If I were the boss of the USA, heaven forfend, I do believe I would encourage residents to travel then slam the gate behind them.
No offense, of course, but just on a politico/economic basis it makes sense. What doesn’t make sense is those who can afford to travel are probably not the ones who should be moved on.
Hang on, I should think first then write…
February 21st, 2008 at 9:45 pm
A fellow attorney here (a naturalized US citizen born in Matamoros) was recently coming back from visiting family in Mexico when a border guard made the mistake of challenging him. My friend demanded his right to speak to the US Consul, who was roused out of bed in the middle of the nigh and proceeded to verbally dress-down the guard, his supervisor and his supervisor’s supervisor. My friend later got a written apology.
February 22nd, 2008 at 1:04 pm
Hello, Kvatch.
I wonder which birth certificates they will accept.
A couple of years ago, I worked on a project at a National Nuclear Defense site (still got the safety pamphlet around here somewhere). Anyway, I had to have an escort at all times until I could come up with an approved birth certificate.
I was born in a Naval hospital, and I presented the hospital certicate (signed by an admiral) to security when I went to the job. But it didn’t have the right kind of seal on it. So I had to send off to get a certificate from the state.
February 26th, 2008 at 12:23 pm
I have read where the DHS is considering something like this but not that it has gone into effect. I understand the European Union was balking at such requirements. Do you have a link? I can’t find anything about this on the DHS site.
February 27th, 2008 at 6:18 am
Fallenmonk… Here’s a link to the final form of the 19 Feb rules.
PT… It’s a good question. My birth certificate is one of these strange “negative photocopies” from the 1960’s. Not even sure if it has a proper seal.
LC… Nice! I mentioned elsewhere that I’m going to start carrying my passport with me. Not much of a protest I admit, but when they ask for my DL, I’m just going to say, “No you can’t f*cking see my DL.”
February 27th, 2008 at 6:26 am
Cartledge… The proof will be in the pudding. The first time a citizen is arbitrarily denied entry, and the government refuses to explain itself, the defecation will hit the rotary oscillator. Unfortunately the poor schmuck who who’s left “outside” may, or may not, be able to get the press to pay attention.
Fred… I’m not surprised that Sen. Clinton when after State over this, but were there any formal hearings in the Senate?