Customs and Border Protection

U.S. Customs and Border Protection, or CBP, is a federal law enforcement agency, a division of the U.S. Department of Homeland Security. The CBP is responsible for ensuring the safety and security of all U.S. international borders. It is charged with regulating and facilitating international trade, collecting import duties, and enforcing U.S. regulations, including trade, customs, and immigration.

It is headquartered in Washington, D.C. CBP is one of the largest law enforcement agencies in the world, with more than 60,000 employees. In years past, different agencies regulated customs, immigration, and border security. The CBP combines all of those into one enforcement agency. One of its goals is to ensure that the application of regulations of those areas will be consistent across the board.

The CBP was created in response to criticisms of the way the immigration authorities handled the September 11, 2001 bombing of U.S. buildings. Some believed that the Immigration and Naturalization Service (as it was then called) failed in its duty to prevent terrorists from entering the U.S. Since then, one of the CBP’s most important and most visible responsibilities is addressing issues of national security and terrorist activity.

What Types of Issues Does the CBP Monitor?

The CBP is charged with five missions:

1. Counter Terrorism – Anticipate, detect and disrupt the threat of terrorists
2. Combat Transnational Crime – Detect, deter and disrupt transnational organized crime
3. Secure the Border – Protect the United States against illegal entry,
4. Facilitate Lawful Trade and Protect Revenue – Enable fair, competitive and compliant trade to ensure economic security for the American people.
5. Facilitate Lawful Travel – Improve the travel experience by anticipating and intercepting threats along the borders and at border crossing points

Most CBP agents engage in real-time situations in the field, as opposed to administrative or investigative functions. Activities engaged in by CBP officers include:

Immigration supervision and control

• Watching out for border safety concerns in general
• Patrolling the borders for safety and immigration purposes
• Processing travelers at border entry points
• Preventing those who do not have permission from crossing into the United States
• Monitoring and identifying suspicious or high-risk persons seeking entry into the country
• Arresting persons who are under suspicion of illegal immigration
• Participating in the removal and deportation of persons who do not have permission to be in the United States
• Performing traffic inspections looking for hidden passengers
• Building border fences and other structures

Customs Enforcement – General

• Seizing all merchandise that is stolen, smuggled, or clandestinely imported
• Inspecting packages for drugs and other contraband
• Searching and inspecting electronic items such as cell phones, laptops and tablets
• Arresting those who have smuggled illegal goods into the country

Customs Enforcement – Agricultural

• Inspecting items crossing international borders into the U.S., especially agricultural products
• Preventing the entry into the U.S. of non-native agricultural pests, diseases, and contaminants by inspecting people, luggage, containers, and trucks
• Examining wooden pallets that could hide the larvae of wood-boring insects that would attack native trees or nursery stock
• Ensuring that imported fruits and vegetables are pest-free
• Targeting, detecting and intercepting evidence of “agro-terrorism” (terrorism intended to harm some area of agriculture or the U.S. food supply)

What Are the Consequences of Border Crossing Violations?

Customs and Border Control’s most visible policing operation is border control. The CBP regulates who can enter the United States.

Border crossing violations can often lead to serious consequences. For instance, illegal border crossing can be met with immediate removal from the U.S., and may result in being banned from re-entry (either temporarily or permanently). Those who violate border crossing laws lose important constitutional and procedural rights. Since World War II the policy has been that anyone found within 100 miles of the U.S.-Mexico border loses most constitutional protections.

Those who cross illegally also lose the right to adjust their status while in the U.S., even if they are otherwise eligible for adjustment. For example, foreigners who enter the U.S. legally on any kind of visa and then marry U.S. citizens have the right to adjust their status from their temporary visa to U.S. permanent resident just by filing some paperwork (and paying the fees, of course).

They can remain in the U.S. while they wait for their green cards. But those who entered illegally cannot stay in the United States and adjust their status. They will be forced to return to their home country and wait until as many as ten years have passed before they can rejoin their spouse.

In general, those who are here without proper permission are forced to leave the United States and apply for immigration through a U.S. embassy or consulate in their home country. Unfortunately, because those foreigners now have an immigration violation on their record, they may be officially labeled “inadmissible,” and be barred from re-entering the United States for either three or ten years.

They may even be barred for life:

• If they entered the U.S. illegally and stayed less than 180 days, they can obtain a legitimate visa immediately by applying through a U.S. embassy or consulate located in their home country
• If they entered the U.S. illegally and stayed longer than 180 days but less than one year, they must go home and they cannot return to the U.S. for three years
• If they entered the U.S. illegally and stayed longer than one year, they are barred from entering the U.S. for ten years
• If they entered the U.S. illegally, were caught and deported, and then reentered the U.S. again, they are inadmissible from reentering the U.S. for life

Criticism of Customs and Border Patrol Actions and Policies

There has been much criticism of the way the CBP handles U.S.–Mexico border crossing issues. It is alleged that CBP officers frequently misinterpret or even disregard the limits of their authority, resulting in harm to the health of the migrants:

• Despite the policies contained in CBP’s “Use of Force Policy, Guidelines and Procedures Handbook,” migrants are being injured and killed as a result of CBP’s enforcement activities
• Hundreds of men, women and children die in their attempt to cross into the U.S. from Mexico. There are many volunteers who provide lifesaving water, food, and other humanitarian aid to those who are crossing the desert. The CBP arrests the volunteers and brings federal charges against them, intending to use them as examples in order to discourage others from providing desperately needed humanitarian assistance
• CBP officers have been documented destroying jugs of water and other provisions left in the open desert for those who are trying to cross
• CBP officers have used medical personnel to conduct body searches without obtaining the consent of the migrant and without a search warrant

Do I Need a Lawyer for Customs and Border Protection Issues?

Violating U.S. border laws can lead to serious consequences, including arrest, detention and deportation. It is critical that you know what specific consequences you will face given your personal situation, and correct any mistake made by CBP in adjudicating your banishment.

You may wish to hire an immigration lawyer if you have any issues or legal concerns regarding border protection laws. Your lawyer can explain your rights to you and can inform you of which legal options to pursue. Also, your attorney can represent you if you need to attend a hearing before a Customs and Border Protection judge or panel.