Travel

Denied at US border

  • Last Updated:
  • Feb 21st, 2012 1:58 pm
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Feb 1, 2005
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FunSave22 wrote:
Jan 6th, 2012 12:12 pm
I'm about 99% positive that in the US security section of Pearson (and other Canadian airports) you are on US soil.

The same as the US embassy in Ottawa is on US soil and US law applies, this is also true in the US security section of Canadian airports.

It doesn't seem to be so, according to Wiki: http://en.wikipedia.org/wiki/United_Sta ... eclearance

The legal reference is Preclearance Act and the 2001 Canada-U.S. Agreement on Air Transport Preclearance (The latter I couldn't find on the internet).

From what I read, you can walk out of the US security section (other than if you break certain rules such as trying to leave after you've been caught lying), but if you walk out, you have to report to Customs and Immigration Canada.
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ShopperfiendTO wrote:
Jan 6th, 2012 6:56 pm
It doesn't seem to be so, according to Wiki: http://en.wikipedia.org/wiki/United_Sta ... eclearance

The legal reference is Preclearance Act and the 2001 Canada-U.S. Agreement on Air Transport Preclearance (The latter I couldn't find on the internet).

From what I read, you can walk out of the US security section (other than if you break certain rules such as trying to leave after you've been caught lying), but if you walk out, you have to report to Customs and Immigration Canada.

If the person is a Canadian, they would be admitted back into Canada.....pending customs formalities.....by cbsa
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heyhey wrote:
Jan 5th, 2012 5:06 am
I was denied at the US border a few weeks ago under suspicion that I was a criminal. Apparently there was someone with the exact same name as me who is a convicted felon. I was interrogated at the US border (Niagara Falls) for almost three hours. The Customs and border police (CBP) also went through my phone; which unfortunately had a number of texts of me talking about buying and smoking some marijuana with my friends. The impression that CBP had on me that I was some sort of drug dealer.

Anyways, now I cannot enter USA unless I bring numerous documentation and then again, it will all be up to the discretion of CBP. Prior to this, I never had any issues with my passport and crossing the US border. Now, whenever I enter I will always go through a second screening (no matter who I am with).

What can I do to clear up my name? I know it was silly of me to leave my text messages in there, but I am in no way a criminal. I like to travel to USA for shopping in Buffalo; but now this incident wont allow me to enter USA on a whim. Should I apply for a US Visa? Is there a department I can speak with to clear these false accusations?

I'm not sure how those texts would help you, even if you apply to US-DHS traveler redress program....you should focus on other places now :lol:
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Mar 9, 2010
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Yes you can decide to change your mind about entering the US, the reality TV show "The Border" has showed this several times.
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Kasakato wrote:
Jan 5th, 2012 5:29 am
No. The US passed a law pertaining to the decryption, seizure and access to data on your possessions. If you refuse to provide the code, they will seize it and break the code.
..
What is the law? I only know of one case before the courts in the US where a judge compelled a witness to disclose an encryption key and it's under appeal.
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Dec 24, 2006
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I believe they have the authority to ask you to unlcok/power-on any of your electronic devices such as your phones, laptops, MP3 players, USB drives, etc if they suspect foul play. While it is rare they would ask that but if they do, and you refuse to unlock/power-on, they would just confisticate the device, get it unlocked, inspect, then return to you (obviously will take hours/days) so you won't be traveling with that device no more :)

However I believe the intention of this is not to look for software/media piracy (it would be hard to prove/disprove on the spot) or drugs (OP got unlucky with the secondary inspection), but rather child pornography or terrorist plots/files. A few years ago I was asked (when coming back to Canada) to power-on and log into my laptop during secondary inspection. I know they saw the, ahem, "videos" under c:\temp :razz: but other than a dirty look I was not hassled for anything that's in my laptop.

I don't personally agree with the amount of power the border agents have nowadays but I understand 1. they're just doing their jobs, 2. it's meant for our protection and 3. the problem is caused by something that's political which we won't discuss on this forum but rather stick to "how to save money and get good deals" :)
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