When entering the U.S., foreign visitors are screened by Customs & Border Protection (CBP). Visitors must present their passport and a valid U.S. visa or travel document. CBP will often ask brief questions about the reason for the visit and if the answers are satisfactory, the foreign national will be permitted to enter the U.S. Sometimes, CBP will require that a visitor go to secondary screening, where they will have a more in-depth conversation before deciding whether to allow the visitor to enter the U.S.
- Repeated secondary screening often stems from prior immigration issues like visa denials, status violations, or overstays, making border inspections stressful and frequent.
- Filing a FOIA request with agencies like CBP, USCIS, or ICE helps uncover your immigration records and understand why you are flagged.
- Submitting a detailed DHS TRIP inquiry, using the Redress Control Number, may reduce travel disruptions, although CBP can still refer you to secondary inspection.
Why You May Be Repeatedly Selected for Secondary Screening
If you have ever had any immigration issues, such as a visa denial, status violation, or visa overstay, you may find that you are frequently selected for secondary screening. For some visitors this can happen at every entry to the U.S. Being called into secondary inspection can be a stressful experience and understandably, anyone being flagged frequently may want to know what options there are to prevent this for future visits.
If you travel to the U.S. frequently and are repeatedly encountering issues at the border, filing a FOIA request and a DHS TRIP inquiry are recommended steps to try to address these issues.
File a FOIA Request to Investigate Secondary Screening
If you are unsure of the reason why you are being flagged at each entry, it is a good idea to review your entire immigration history and check the records the U.S. government has on file for you. You can file a Freedom of Information Act (FOIA) request with the government agencies that deal with immigration such as ICE, DOS, CBP, USCIS or EOIR.
While this will not directly address the issue of being flagged for secondary screening, the records may give you insight into why you are being flagged. Once you determine why you are being flagged, the next step is to file an inquiry with DHS TRIP.
File an Inquiry with the Department of Homeland Security’s Traveler Redress Inquiry Program (DHS TRIP)
The DHS TRIP program allows foreign nationals to file an inquiry when they have repeatedly experienced issues with travel to the U.S., such as denied/delayed airline boarding, frequent referrals to secondary screening or other screening issues at U.S. ports of entry. The inquiry can be filed and tracked online.
The applicant should provide as much detail as possible about the issues they have encountered at the border. If the applicant knows or suspects the reason for the additional screening, they should explain the situation, explain why they believe they should not be subject to additional screening and provide supporting documents, if applicable.
For example, if CBP’s records incorrectly show that the applicant overstayed their visa, the applicant can submit documentation that shows there was no overstay. After the inquiry is submitted online, the applicant will receive a Redress Control Number. This number allows the applicant to track the status of the inquiry. The number can also be added to airline reservations, where it will hopefully have the effect of preventing issues with boarding the plane and entering the U.S.
Understanding the Limits and Outcomes of DHS TRIP
The government should eventually provide a response to the inquiry, but the response may contain very little information and it may take months to hear back. For example, if there is an issue related to law enforcement or being on a federal watch list, the government will not provide details about this based on security concerns.
It is also important to note that even if the resolution is in your favor, CBP can always choose to refer you to secondary inspection. However, despite these limitations, DHS TRIP is a useful tool to address repeated inspection issues at the U.S. border.
Consult an Experienced Immigration Attorney
At Scott Legal we have experience helping clients with all types of immigration matters. If you would like to discuss your case, or receive personalized advice, you can schedule a consultation with our team.
