When the government considers you for Global Entry there are really two separate things they are evaluating. The program makes you a ‘trusted traveler’ and that comes with expedited airport security (less scrutiny, you don’t take off shoes or take out liquids, and don’t have to go through body scanners) and expedited immigration and customs. They want to know that you aren’t a security risk, and also that you’re not likely to violate customs rules.
That can lead to some odd things in your history keeping you out of the program, or getting you kicked out of the program. A conviction for driving under the influence in the past decade is a conviction, and that’s a risk flag. So is violating any customs rule of any kind… like buying a Starbucks mug online where the mug turned out not to be an authentic Starbucks item.
A few years back -maybe 4 or so, I purchased a cup (A Starbucks Stanley tumbler but before the Stanley craze) from an online marketplace, Mercari. I waited for it for a few weeks, it never showed up so I opened a case with Mercari and they refunded me. About a month or two after the purchase I received a paper from customs saying they confiscated it. I brushed it off at the time and thought nothing of it…until a few days ago when my GE application from August was denied for “prior customs or agricultural violation”.
Customs isn’t just enforcing agriculture rules to keep out dangerous diseases. They’re enforcing corporate intellectual property. This Global Entry applicant apparently had a flag on their history for importing a counterfeit mug that infringed on Starbucks IP. The item was listed as “authentic” where they purchased it, they claim, and they never even received the item. Another Global Entry applicant reports a denial “over a $30 watch strap.”
You can lose Global Entry for complaining about a customs officer. Putting an apple from your flight in your bag, and then not declaring it can cost you your Global Entry. So can attempting a coup against the United States. So, equivalent threats.
I’ve written about the reasons why people are losing Global Entry in the past, noting that the major reasons include:
- uncovering a past conviction that wasn’t disclosed during the application period (generally minor offenses over 10 years old, such as a DUI, are fine if you disclose them)
- a conviction while you’re in the program
- derogatory information from another government
- breaking program rules or rules in the immigration hall such as failing to declare items or bringing ineligible family members with you into the Global Entry queues, if the customs officer decides to make an issue of it
There are a number of factors that the government considers that have nothing to do with whether you’re likely to be a terrorist, or whether you’re likely to violate U.S. customs procedures. However a month ago the 9th Circuit Court of Appeals ruled that DHS decisions on Global Entry are now subject to judicial review. So maybe if you get a lawyer and are willing to pay big money to fight them eventually you can get some of the stupid excluded from your file?
I first got Global Entry eleven years ago after vacillating for some time. I don’t like the extra data collection. But then I figured the government had all my cell phone geolocation data anyway and innumerable other pieces of information, so I might as well get expedited treatment at the airport for it. I’ve renewed twice online since then and had no difficulty – no interview required. I haven’t purchased any Starbucks mugs online, either.
About 6 years ago, I was returning from Mexico on a private charter. Our hosts had given us lunch to eat onboard. I was not hungry and did not eat my sandwich. When we landed at a small airport in Arizona, I voluntarily surrendered it to Customs. One year later, I renewed my wife’s and my GE online. She had her new card in two weeks. For three months, my application was pending review. Finally, I was notified I needed to schedule an interview. The agent was friendly, so I asked why I needed an interview. He looked at the file and laughed and said “did you try to bring a ham sandwich into the country?” This year, same thing. My wife got her renewal in two weeks. After about two months of “pending review”, I finally received my new card. I spoke to a customs officer at the airport and he said that sandwich incident would stay in my profile forever and be a red flag on any renewals.
That’s a good point. I hope those standing in the long standard line at the security checkpoint take the time to recognize what we so-called elitists have had to go through and keep our noses clean so that we can clear the security and customs process quickly.
Yet another reason not to order merch from sketch sites and chicom sellers.
Always throw out all food on the airplane except for wrapped candy and power bars. It’s just not worth it.
Also remove Sudafed if you are traveling to Japan if you want to avoid detention.
And we all know what happens to vapers like Britteney Griner.
Strange that you think that a DUI is a minor offense.
Last year we were returning home from Japan, where we had purchased some commercially-packaged dried miso soup base at Tokyo’s famous fish market. At the eletronic GE kiosk at SFO I was not asked if I had anything to declare, as was the case in the past. I wasn’t sure if I needed to declare the miso since it was commercially packaged, but if anything might attract the attention of one of those baggage beagles, concentrated fish just might do it. So when I approached the booth I said, “I have some commercially packaged miso soup base. Do I need to declare it?” The officer replied, “Yes you do—and you did. And I just loves me some miso! Have a great day and welcome home.” There is no down side to erring on the side of declaring.
A DUI/DWI is not a minor offense. I am a rural county prosecutor, but in Arkansas, a DWI cannot be amended to a lesser charge. The defendant must plead guilty, not guilty, no contest or have a trial where the judge determines guilt and imposes sentence. Over 11,000 people in America die every year from DWIs, and some of the videos that I have seen make me wonder how more do not die each year. I would rethink your belief that DWI is a minor offense when it results in so many deaths.
@David @Arkansas Traveler – not saying DUI is ‘no big deal’ just saying it’s not clear how this affects likelihood to blow up an airplane?
There are plenty of real sleazeballs who are still active GE members. Some more of them are going to be losing their GE status, but most others like them seem good to go with GE until they have either been caught for wrongdoing or turned in for wrongdoing.
This is one where I’m glad courts can review the.decision. In general Chevron deference was turned into a boondoggle power grab by govt agencies. I’ve got a case where the National Credit Union Administration decided that the early withdrawal penalty terms were not part of the contractual “ basis of the bargain ,” and allowed a credit union to change all of the early withdrawal periods and terms on existing certificates.
My Global Entry was revoked last month with the ridiculously abstract “reason” —> “You know longer meet the criteria. . .” Blah blah blah. While I am not sure, I think mine was revoked for arguing about a customs issue with hand carried goods at DFW. No consultation no recourse. . .just basically “F off because you asked too many questions”. The transparency of tyranny is breathtaking
Honestly I think that some of these security situaions at airports are really going over board with this ridiculousness because I for one do not believe a traveler should have to claim everything that these tyrant security douchebags try to push on travellers at all
Mine was denied because my brother (a non US citizen) decided to stay longer than 6 months in a year around 10 years ago.
I tried to argue it as this was beyond my control with no response from CBP
ATL customs a few years ago. I had some Spanish cookies from the nuns. Box sealed but not commercially. The agent laughed when I declared them. JFK? Customs agent threw away all my hermetically sealed Italian sausage. Philly? Sent my bag thru X-ray with 11 glass jars standing straight up and I told the guy, “paella spice wrapped in my dirty socks “ he never looked. Now? I just take it all to DHL and send it back home with a declaration of “souvenirs”
GARY – I think you forgot something in this sentence. 🙂
“The Astonishing Reasons Your Global Entry Could Be Denied – Even BY Buying A Starbucks Mug Online!”
The headline caught my eye simply because BY was missing.
Thank you.
My understanding (responding to the ham sandwich incident) is that you are not supposed to be penalized for items you declare, as you have not actually brought it into the country at that point and are essentially asking them to approve it.
Back in the early days (as well as pre-GE), when you used to have to declare any food item on the customs card, I used to hate bringing in any sort of food for fear of getting sent to secondary (especially in pre-clearance at YYZ, where a long wait can cause you to miss a flight) – sometimes primary would just waive you through anyway, but other times they’d send you to secondary. One time, I had some package snack (I forget what kind), waited something like 25 minutes in secondary, and the officer asked why I had bothered declaring. True answer is I’d rather spend 30 minutes in secondary than lose my Nexus.
@BookGirl305, you don’t see the difference between cookies, spice, and meat? Maybe read the importation guidelines before your next trip? I have declared canned duck confit and other canned meat products. I had no problem, because I knew what was allowed. Since pork clearly isn’t allowed, I’d never bring that in.
The US government even searches your internet habits online. Being a single man is a risk for them and If you visited any “wrong” website at any time, you will be disqualified. I won’t be applying again even though I don’t have a criminal record. It’s not worth being subjected to these personal investigations.
@Gary actually Canada won’t even let you visit on foot,car , plane or boat if you have a DUI.
But Worth pointing out that you will be hard pressed to find a place that classifies them as a felony. Rather they are misdemeanors on first offense.
@Leelee – what’s the relevance of a felony here? Absolutely not required to be denied Global Entry.
And what’s the relevance of Canadian rules for foreigners?
@BookGirl305 Your cookies are not an agricultural threat but meat products are – sealed or not. Sausage, salami, etc. have always been denied entry, it’s not a silly discretion by the agent. I still recall as a child entering JFK on a flight from Rome and the agents asked some Italians in line if they had salami.
Thanks for the informative article. I think I now know why my GE renewal has been pending for 7 months now while the rest of my family got theirs approved literally in a day. We were coming back from Tahiti a few years ago and my 7 year old had not finished eating her hamburger from McDonald’s bought at the airport. I didn’t think much about it and in fact forgot she had it until we went through Customs and the agent asked the usual question about having anything to declare including meats. I said no, but then my daughter blurts out,”Don’t forget about my hamburger!” and I laughed, but the agent didn’t and sends us to secondary where we get a lesson on why meat is forbidden to import. She ends up finishing the 3 bites of hamburger while he’s talking and we go through. Based on your article, I’m now a high risk to them.
Accompanying parents are responsible for the customs compliance also of the accompanied children with whom they share a household. If a kid has a leftover school lunch sandwich or apple in a backpack on an international trip, it’s the accompanying parents’ responsibility to make sure it’s declared where required at customs whether or not the parents are aware of the food in their or not. Ignorance is not a proverbial “get out of jail” free card.
I’m guessing these GE exclusion rules, especially DWI/DUI, do not apply to elected Federal officials, and their adult dependents. Rules for thee and not for me.