YOU DONT BELIEVE WE ARE NOW LIVING IN A FASCIST DICTATORSHIP? WELL, HERES ONE EXAMPLE THAT PERHAPS WE ARE: Getting Out Is Hard; Getting Back In Is Harder Its been a long time since I had a warm and fuzzy feeling leaving - and especially re-entering - the USA on an international trip. Enhanced security measures in effect since the 9/11 attacks, the long lines to cross the border, and the fact that the US border zone is effectively a Constitution-free zone all contribute to a vague dread every time I cross a US border. Other than a couple shakedowns by Customs officials making sure I wasnt carrying undeclared cash, Ive personally never had a problem - but many others have. One example is Saadiq Long, a native-born US citizen, who lives and works in Qatar. Hes also an honorably discharged veteran of the US Air Force. Last fall, when his mother in Oklahoma became ill, he booked flights to the USA to make what he thought would be his last-ever visit with her. Less than 24 hours before his scheduled departure, Long learned that he couldnt board his flight. No one told him why, but eventually he managed to reenter the USA to visit his mother. Then, when he tried to return to Qatar, he wasnt allowed to board his departure flight. He had to take a bus from Oklahoma to Mexico City and then fly home from there. In another case, a lawyer I know had a meeting scheduled in San Francisco earlier this month with a US citizen client flying in from Hong Kong. The client never showed up for the meeting. Days later, the lawyer learned that the client had been taken into custody immediately after landing in the US. The client now faces criminal charges for various tax-related offenses. Feds revoke citizenship at border In at least a few cases, border officials havent just refused to admit a US citizen trying to reenter the USA. Theyve coerced native-born U.S. citizens into signing away their birthright. Brenda Vazquez was born in the United States in 1982 and thus automatically acquired US citizenship at birth. But last year, when returning to the USA from a visit to Mexico, Vazquez was selected for secondary inspection. After seven hours of questioning, she claims border officials forced her to sign a statement that she had been born in Mexico, not the United States, and thus was not a U.S. citizen. Immigration lawyers Ive spoken to tell me that Vazquezs situation isnt unique. At least a dozen US citizens, possibly more, cant reenter the USA after border officials persuaded them to deny their citizenship after intense questioning. Its even worse if youre a former US citizen If you enter the USA with a foreign passport that shows that you were born in the USA, youll receive even greater scrutiny. My friend and colleague P.T. Freeman, who gave up his US citizenship more than a decade ago, was intensively questioned on his most recent entry into the USA. The first official he spoke to noticed that his foreign passport showed US heritage. The official - whom he actually knew from previous visits - informed P.T. that he needed to use his US passport to enter the USA. P.T. told the official that he had given up his US citizenship, along with the right to use a US passport, many years ago. The official informed him that a directive sent out to border officials last month set out a new policy for anyone entering the USA with a passport showing a US birthplace. That policy requires that anyone entering the USA with this status automatically be diverted to secondary inspection. In P.T.s case, the border official finally let him enter the USA without going through the extra inspection. He was able to convince the officer that since he had visited the USA many times as a non-US citizen and had never stayed longer than his visa permitted, an exception was warranted. And it goes on... As Ive written previously, its becoming much more difficult for everyone - especially former US citizens - to obtain a visitors visa to the USA. I dont see this changing anytime soon. As border control policies tighten, the consular officials who must approve visa applications are being placed under increasing pressure to comply with them. The safe decision is to reject an application, rather than approve it. At the same time, the information available to border officials that they can use to deny entry to the USA, or even arrest someone crossing the US border, has grown exponentially. Many types of records, including travel records, criminal records, and tax records, now are available at the click of a mouse to border officials. Again, the safe decision is to deny entry. When will this insanity end? Tough to say, but one thing is clear: The situation is getting worse, not better. Mark Nestmann
Posted on: Sat, 30 Nov 2013 19:21:21 +0000
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