Global Entry renewal denial

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Jan 12, 2021
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Customs and Border Patrol (CBP) denied my application for Global Entry renewal. The reason given was "You do not meet program eligibility requirements". The CBP website states that a request for reconsideration must include “information to further clarify a record or explain an incident or arrest” and/or “other supporting documentation”. The CBP web site lists several reasons for denial, but my denial letter did not specify which one(s) applied to me,. Therefore I am unable to explain anything. CBP refused to tell me the reason(s). I filed a FOIA request, which was answered as follows: "Due to law enforcement sensitive information, we are unable to disclose specific information regarding to your denial." I have visited many foreign countries, but I can't imagine what I might have done to warrant their displeasure. This Catch-22 situation makes it impossible for me to ever regain my membership in Global Entry.
 

Skippy

May 30, 2019
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Global Entry is a privilege, not a right, which means you may be fighting an uphill battle.

You could have been denied because you visited a country that is currently considered a sponsor of terrorism, or one not in vouge with the current administration. You could be under investigation for something domestic. There could be a warrant in some country for too many parking tickets. Your name could be the same as someone who is truly under investigation. The list goes on.

Some potentially useful links:
 
Jan 12, 2021
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I appreciate the replies. But I am still left with this problem: CBP has accused me of doing something wrong, but they will not tell me what.

1 If I am guilty of something, it would be helpful to know what it is. Then I could modify my behavior not to do it again.
2 If I am not guilty, I cannot defend myself because I do not know the charge. See the 6th Amendment to the Constitution:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

By invoking "law enforcement sensitive information", it seems that they are treating me as a terrorist.
 

Skippy

May 30, 2019
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You can be denied GE for something as simple as bringing back something over the customs limit or something not permitted.

You can download Mobile Passport to help bypass immigration lines returning to the US.
True. Another alternative to GE is a combination of TSAPre & Mobile Passport. TSAPre verification is less rigorous. In the Before Times, Mobile Passport was often faster for me @ JFK compared to GE. But, GE includes TSAPre and the fee is covered by several travel CC's.

And yea, there was a story in the press last year about a woman who lost her GE because she took an apple off her inbound flight. She was flagged by Customs for trying to bring live fruit in the country.
 

Skippy

May 30, 2019
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I appreciate the replies. But I am still left with this problem: CBP has accused me of doing something wrong, but they will not tell me what.

1 If I am guilty of something, it would be helpful to know what it is. Then I could modify my behavior not to do it again.
2 If I am not guilty, I cannot defend myself because I do not know the charge. See the 6th Amendment to the Constitution:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

By invoking "law enforcement sensitive information", it seems that they are treating me as a terrorist.
CBP hasn't necessarily accused you of doing something wrong. They consider you a risk for some reason.

You may have done something wrong; however, that wrong thing may not have been criminal. And, therefore, it is not a constitutional issue. Your rights were not taken away -- you were denied the privilege of bypassing certain security protocols.

But, I'm not a lawyer, and I don't play one on TV. My best advice to your particular concern is to review the link in my Post #2 for information about an Ombudsman and legal support.
 
Feb 24, 2018
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I think you've emphasized the wrong part of the Sixth Amendment.

"In all criminal prosecutions..."
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
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New York
www.promalvacations.com
I appreciate the replies. But I am still left with this problem: CBP has accused me of doing something wrong, but they will not tell me what.

1 If I am guilty of something, it would be helpful to know what it is. Then I could modify my behavior not to do it again.
2 If I am not guilty, I cannot defend myself because I do not know the charge. See the 6th Amendment to the Constitution:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

By invoking "law enforcement sensitive information", it seems that they are treating me as a terrorist.
GE is not a right- it’s a privilege and you can be banned for whatever reason the entity wants to ban you for.

If you don’t know why you were banned, simply say that when you appeal.The articles Skippy gave you tell you how to appeal.
 

VoR61

Jan 6, 2015
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the United States
I have located some information that may help in your search for an answer:

The first is their Eligibility Page which lists these:
  • Provide false or incomplete information on the application
  • Have been convicted of any criminal offense or have pending criminal charges or outstanding warrants (to include driving under the influence)
  • Have been found in violation of any customs, immigration or agriculture regulations or laws in any country
  • Are the subject of an ongoing investigation by any federal, state or local law enforcement agency
  • Cannot satisfy CBP of your low-risk status
I have heard of cases where even a relative that has been convicted may trigger the non-renewal.

The next resource is an FAQ that states:
You may be provided information in writing about the reason for this action through the denial or revocation letter posted to your TTP Account. You can find this on your Trusted Traveler Programs (TTP) dashboard under Notifications.​
Next is their What to expect when you return page that explains duty-free requirements. Many travelers get tripped up by thinking a purchase does not have to be declared, when in fact it does. In my few trips through customs I declare everything to avoid issues.

Finally this page shows their list of restricted items: Restricted Items

These may or may not trigger a memory for you that would explain the rejection, but they are worth previewing I think . . .