Unfortunately, the reality for
many applicants to Global Entry is that their applications are denied, and
current members can have their membership revoked by CBP for one reason or
another. This article will describe eligibility requirements for membership in
Global Entry, the benefits of membership in Global Entry, how to apply for
membership, and, importantly, how you can challenge any denial or revocation of
membership with CBP.
Global Entry is a CBP program
that allows expedited clearance for preapproved, low-risk travelers upon
arrival in the United States. At airports, program members proceed to Global
Entry kiosks, present their machine-readable passport or U.S. permanent
resident card, place their fingerprints on the scanner for fingerprint
verification, and complete a customs declaration. The kiosk issues the traveler
a transaction receipt and directs the traveler to baggage claim and the exit.
Global Entry members are eligible
to participate in TSA Pre. U.S. citizens and U.S. lawful permanent residents
enrolled in NEXUS or SENTRI are also eligible to participate in TSA Pre, as are
Canadian citizens who are members of NEXUS. A Global Entry member or eligible
NEXUS or SENTRI member may enter his or her membership number (PASS ID) in the
"Known Traveler Number" field when booking airline reservations.
Better yet, enter your PASS ID into your frequent flyer profile with the
airline. The membership number enables Transportation Security Administration's
(TSA) Secure Flight System to verify that you are a legitimate CBP Trusted
Traveler and eligible to participate in TSA Pre.
Global Entry is CBP's most
popular Trusted Traveler program. But not everyone is eligible. U.S. citizens,
U.S. lawful permanent residents, and citizens of the following countries are
eligible for Global Entry membership: Colombia, United Kingdom, Germany,
Panama, Singapore, South Korea, and Mexico. Canadian citizens and residents are
eligible for Global Entry benefits through membership in the NEXUS program.
Please note that applicants under the age of 18 must have a parent's or a legal
guardian's consent to participate in the program.
Travelers must be pre-approved
for the Global Entry program. Global Entry is a voluntary program available to
travelers who pass a comprehensive background investigation. There is a computer
check against criminal, law enforcement, customs, immigration, agriculture, and
terrorist indices to include biometric fingerprint checks and then a personal
interview with a CBP officer. Most applicants receive a formal letter that
states, in part: "We are pleased to inform you that your U.S. Customs and
Border Protection (CBP) Global Entry program membership has been approved. You
may use the program as soon as you receive and activate your new Global Entry
card."
Many applicants never receive
such a welcoming letter from CBP. An applicant may not be eligible for
participation in the Global Entry program if he or she:
1. Provided false or incomplete information on
the application;
2. Has been convicted of any
criminal offense or has pending criminal charges or outstanding warrants (to
include driving under the influence);
3. Has been found in violation of
any customs, immigration, or agriculture regulations or laws in any country;
4. Is the subject of an ongoing
investigation by any federal, state, or local law enforcement agency;
5. Is inadmissible to the United
States under immigration regulation, including applicants with
approved waivers of
inadmissibility or parole documentation; or
6. Cannot satisfy CBP of his or
her low-risk status.
Now you realize the benefits of
membership in Global Entry and you are eligible to apply for Global Entry, so
the next step is to apply. The steps are very simple.
1. Create a Global Online
Enrollment System (GOES) account.
2. Log in to your GOES account
and complete the application. A U.S. $100 nonrefundable fee is required with
each completed application.
3. After accepting your completed application and
fee, CBP will review your application. If your application is conditionally
approved, then your GOES account will instruct you to schedule an interview at
a Global Entry Enrollment Center located at most international airports. Each
applicant must schedule a separate interview.
4. You will need to bring your
valid passport(s) and one other form of identification, such as a driver's
license or ID card to the interview. If you are a lawful permanent resident,
you must present your machine-readable permanent resident card.
In the event an applicant is
denied or membership has been revoked from Global Entry or other Trusted
Traveler program, the person should be provided information in writing
detailing the reason for this action. Unfortunately, the reality is that the
standard statement provided to the applicant merely concludes: "You do not
meet the program eligibility requirements." For members whose membership
is revoked, the standard instruction from CBP is "You have been found to
have violated CBP laws, regulations, or other related laws." That's it; nothing
else is provided. The only appeal to such a denial or revocation is a written
appeal to the CBP trusted traveler ombudsman to request reconsideration.
I have seen many applicants,
including attorneys, be denied membership in Global Entry. There are a variety
of reasons for such a denial, including: juvenile criminal history, immigration
problems, court expunged criminal information, and questionable international
travel history. Even a shoplifting or assault misdemeanor is sufficient for CBP
to deny an applicant membership in Global Entry. A violation that occurred
thirty or forty years ago or was committed in another country is sufficient for
CBP to deny membership in Global Entry. The U.S. Department of Homeland
Security has extremely extensive data available to it worldwide to determine
whether someone is a low-risk international traveler who should be admitted
into the Global Entry program. If you believe your data is private, when it
comes to the U.S. Department of Homeland Security, think again.
Nevertheless, the U.S. Congress
and CBP want to expand the number of people who become members of Global Entry.
When the Committee on Appropriations for the U.S. House of Representatives made
its 2015 annual appropriations for the U.S. Department of Homeland Security,
including CBP, it made special mention of the Global Entry program. It stated,
in relevant part:
The Committee is pleased to see
the Global Entry program transition from a successful pilot to a permanent
trusted traveler program. The Committee encourages CBP to continue to increase
individual enrollment as well as the number of nations eligible to participate
in the program. This will allow greater numbers of low risk travelers to
efficiently move through security screening and give CBP personnel the ability
to put greater focus on higher-risk travelers ...
If an applicant believes he or
she is exactly the type of low-risk international traveler that the members of
the Committee on Appropriations were contemplating in funding the Global Entry
program, the applicant, through his or her customs attorney, should file a
request for reconsideration with CBP.
Please note that being admitted
into Global Entry is a privilege, not a right. As explained in the case of
Roberts v. Napolitano, 792 F. Supp. 2d 67, 73 (D.D.C. 2011):
The Global Entry program was
authorized by the Intelligence Reform and Terrorism Prevention Act of 2004
(hereinafter "IRTPA"). See 8 U.S.C. § 1365b(k). The IRTPA instructs
the Secretary of Homeland Security to "establish an international registered
traveler program" in order to "expedite the screening and processing
of international travelers, including United States Citizens and residents, who
enter and exit the United States." 8 U.S.C. § 1365b(k)(3)(A). The
Secretary was further instructed to "initiate a rulemaking to establish
the program [and] criteria for participation," and ensure that the program
"includes as many participants as practicable by . . . providing
applicants with clear and consistent eligibility guidelines." 8 U.S.C. §
1365b(k)(3)(C), (E).
The applicant gets one chance to
appeal a denial, and a member gets one chance to challenge revocation of
membership in Global Entry. There is no judge, no hearing, no discovery, no
face to face meeting, or even a telephone call to the deciding official at CBP.
As stated above, CBP has absolute discretion to grant or deny Global Entry
membership. Moreover, it does not have to provide any specific reason for
denial or revocation of membership.
In conclusion, I recommend anyone
who is eligible for participation as a member in Global Entry to apply. For
those who have a Platinum American Express card, the $100 application fee is
waived. Acceptance is routinely made within a few weeks. For someone like me
who travels from China or Japan on a 16-hour flight back to the United States,
I want to clear CBP and get out of the airport as soon as possible. Global
Entry does that for you. If, by chance, an applicant is denied or a revocation
occurs, the person should seriously consider challenging that denial or revocation
because it may have been made by CBP without complete information. Appeals are
successful in getting previously denied applicants accepted into the Global
Entry program or to reactivate members whose membership has been revoked.
Peter Quinter is the chair of the
Customs and International Trade Law Group at the law firm of GrayRobinson PA.
Based in the Miami, Florida, office, he represents U.S. importers and
exporters, ocean and air carriers, warehouses, trucking companies, and overseas
manufacturers and shippers regarding compliance with the import and export laws
and regulations of the United States. He is board certified in international
law, author of the popular GRCustomsLaw.com blog, a frequent international
guest lecturer on customs and international trade-related topics, past chair of
the Customs Law Committee of the American Bar Association, and past chair of
the International Law Section of The Florida Bar.
