Will Citizens Be Denied Reentry Into The US?

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?

13 thoughts on “Will Citizens Be Denied Reentry Into The US?”

  1. “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.

  2. 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…

  3. 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.

  4. 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.

  5. 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.

  6. 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.”

  7. 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?

  8. OMG !!!! for heavens sake i can not actually believe that out of nine answers, not a single one had enough common sense in their brain in order to find the real idiocy containing in the original article. Agreed some laws, might be very scary, but with exception of these two Afghan-Americans who had a few “hindrances” (antipolygraph.org), so far those things havent really happened yet. I am actually a dual national by birth and travel very often and very frequent. And yes I do have a certain past. I might have been through countless secondary inspections, but never ever have i been hindered to enter my own country !!! God Bless America and every other Believer on the Planet

  9. …not a single one had enough common sense in their brain in order to find the real idiocy containing in the original article.

    Da Martin…before you go blathering any more nonsense on this blog, you might want to actually read the post. The point is not whether or not DHS will use the powers they’ve granted themselves. The fact that they did it illegally and without oversight, is the issue.

    You can naively believe whatever you want about how DHS will, or will not, behave toward citizens, and that will keep you happy and ignorant, right up until the day you’re the chump left with no way to get home.

  10. Well,

    lets talk about ignorance once you have the profound experience i do. That actually requires one individual to travel. And after more than 15 times (might I mention in a row !!!) of having my luggage opened my very core identity questioned, including the stupid comment i am not supposed to be travelling so extensively as a convicted felon, (viva la Bush-Regime). I have never been hindered to enter my own country.

  11. Well,

    lets talk about ignorance once you have the profound experience i do. That actually requires one individual to travel. And after more than 15 times (might I mention in a row !!!) of having my luggage opened my very core identity questioned, including the stupid comment i am not supposed to be travelling so extensively as a convicted felon, (viva la Bush-Regime). So it requires travelling first before blogging a whole lotta BS

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