CBP Speaks on Important Travel Issues
Posted Jan 16, 2004

The Customs and Border Patrol (CBP) met with members of the American Immigration Lawyers Association (AILA) to discuss the CBP's role in the immigration process on November 13, 2003. Highlights of that meeting, which were reported to AILA members in late December 2003, are provided for our MurthyDotCom and MurthyBulletin readers.

Organization of CBP

Mr. Jayson Ahern, the Assistant Commissioner for the Office of Field Operations, indicated that Field Operations employs more than 25,000 people. Field Operations does not include Border Patrol. In its ongoing effort to completely merge Legacy Customs and Legacy INS agents, it is expected that new CBP uniforms will be issued to agents throughout the U.S. by July 2004. Cross-training continues in many areas, but the Commissioner pledged that Legacy Customs and Legacy INS personnel will not be assigned to a position until they can prove that they will be proficient in that position. Mr. Ahern encouraged the Field Directors and Port Directors to maintain open lines of communication with AILA. We are hopeful that this encouragement will be heeded.

US-VISIT

Only people entering with a visa are subject to US-VISIT. This means that those who enter without visas from Canada, Mexico, or through the Visa Waiver Program, are not subject to US-VISIT. Though the entry registration process should work smoothly, there are still concerns that the exit procedure will have problems. As a result, Mr. Ahern stated that those who fail to register when departing the U.S. will not be denied admission at a later date. This policy is subject to change as the process becomes fully functional.

NSEERS

The CBP was asked how should a person, who failed for good cause to comply with NSEERS, seek reentry to the U.S. The CBP suggested trying to enter at the Port of Entry (POE) with an explanation for failure to register, or applying for a new visa with the U.S. Department of State (DOS). The CBP expects a new visa from the DOS to carry a code indicating that the ground for inadmissibility was overcome. The CBP usually adheres to the DOS's decision, but there is no guarantee that they will do so in every case.

Access to Counsel

AILA Committee members asked whether CBP officers could be trained to permit access of counsel at the POEs, especially for TN and L cases. The CBP advised that there is no right to counsel under law for those entering the U.S.

Reentry Permits

AILA asked whether a receipt notice for a reentry permit might be an indicator of ties to the U.S., as the USCIS is now taking more than a year to process most reentry permit applications. The CBP indicated that it does not give weight to the receipt notices because the notices do not guarantee that the reentry permit was in fact approved. Lawful permanent residents who must depart the U.S. for more than six months must be mindful of the need to maintain ties to the U.S., and not rely on a reentry permit application as a guarantee they will be able to reenter the United States.

Conclusion

The minutes of the meeting reflect that CBP is still struggling with the ways its functions interact with those of the USCIS. The CBP was not able to respond to many questions posed by AILA, and some of the questions had to be presented to the other agencies dealing with immigration-related functions. As AILA continues to meet with CBP over time, we are optimistic that these issues will receive attention and that resolutions can be reached. We will continue to update MurthyDotCom and MurthyBulletin readers as new information arises.