Present CHL to Border Patrol?

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The Annoyed Man
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Re: Present CHL to Border Patrol?

#46

Post by The Annoyed Man »

Dadtodabone wrote:Such was my experience.
http://texaschlforum.com/viewtopic.php?f=83&t=68698
Just read your post.....entertainingly written, by the way. One of your respondents described your wife's character in response to that situation as "spirited". I agree. And please understand I am not dumping on her because she indeed sounds "fetching", as you described her.........BUT......."spirited" is not always "wise". Whenever I am personally tempted to get loud and proud in the face of authority, I remind myself of that Biblical injunction to be "quiet as doves, and wise as serpents". Loud and proud often creates more problems than it solves.....even if it is justifiable on some level. My guess is that her spiritedness is part of what you love about your wife. My ex-wife was spirited that way, and it was part of why I loved her; but that spiritedness caused me some headaches along the way that I would have been better off without, even if she thought she was doing it on our (or my) behalf. There was one time where she confronted my boss—at my work, in my presence, and without warning me that she was going to do it—about how poorly she thought I was being paid and how under-appreciated I was for what I did, and that a decent man would not have allowed that injustice to continue. I wanted to hide in the wastebasket. In the basement. Of the building next door. She was right on some level, but she also permanently poisoned my work atmosphere; and it wasn't long before I was transferred into another department............same job, same pay grade, worse boss.

She got to voice her considerable opinion, but it made things worse, not better.

Every single time I have an interaction with law enforcement (or anyone else for that matter in which the encounter is semi-adversarial), I ask myself, "is this the hill I want to die on today?".........and I have had MUCH worse happen than a simple "are you an American citizen" asked by a federal officer. I once patiently endured a nearly-literal 3rd degree interrogation by INS agents at DFW for about 40 minutes, nearly missing my connecting flight to Burbank, on my way home from France. I was separated from my terrified family and whisked off to an interrogation room........all because I was traveling on a newly issued passport post-9/11, and have the misfortune of having been born in Morocco. The passport was newly issued because my previous passport was issued when I was 18 years old, and my mother had lost it, and I had not required one since then until we started planning that trip. The experience is enough for a separate thread, so I won't bother with the details, but the fact remains that my "papers" were all in order, I had valid ID, I had no contraband, I had violated no laws, and I had been nothing but respectful and cooperative right up until the very end. At the end, I finally tired of the game of being asked the same questions over and over again, rephrased each time, and answering them consistently, and I told the interrogating officer that my patience was running thin, my family was worried about me, we were about to miss our connecting flight, and that he was either going to have to arrest me or let me go.......and did I need to phone a lawyer? He had nothing to arrest me for, and he had to let me go. Sometimes the word "lawyer" has magical powers.

But I put up with that crap for 45 minutes because they had ALL the power, ALL the authority, and ALL the guns from which government authority flows, to detain me for as long as THEY wanted to. That was NOT the hill I wanted to die on that day, as there were much larger practical considerations, like a terrified family and a plane that wasn't going to wait for me. Were my 4th Amendment rights violated? Yes, to some extent they were. Was I happy about it? No, I was not. Am I still a little PO'd today about having been treated that way 10 years ago? Yes, a little bit. Did it contribute to the contempt I have today for all things federal? Very much so. BUT...... it taught me one thing, and that is that a simple answer of "Yes" to the question "are you an American Citizen" is a LOT easier than getting dragged off to some back room for a session of quality face-to-face time with a federal official whose goal it is to try and trip me up on my answers so that he can find a reason to put me behind bars.......because he doesn't like the cut of my jib.

There's a lot of loose talk from people who have never had to actually confront the consequences about what they might do or say if their papers are demanded of them, or advise others to do or say in any such confrontation with federal law enforcement. But until they have had to answer 45 minutes worth of pointless questions from a hostile armed federal official with bright lights shining in their eyes in a back room deep in the bowels of the INS offices at an international border entry point, separated from their worried family and about to miss a connecting flight, I most heartedly invite them to shut the heck up, because they don't know what they are talking about.

Pride goeth before the fall, but "yes" gets you home on time.
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”

― G. Michael Hopf, "Those Who Remain"

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Abraham
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Re: Present CHL to Border Patrol?

#47

Post by Abraham »

I don't remember the exact time, but roughly 10/15 years ago, I spent a lot time going to Port Manfield to fish the lower Laguna Madre.

Coming back, again roughly, 15 miles or so outside of Raymondville, there was a permanent BP stop.

I always cheerfully cooperated with their questions, but always thought it odd we'd have a check for citizenship well inside the state of Texas. Granted the checkpoint wasn't all that far from the border. I'd guess about 55/75 miles. But, why aren't such checkpoints ON the border vs. well inside the state?

And, yes, at times the BP guys acted somewhat hostile. Not all, but some...

Maybe they are given so much grief from citizens they've become hardened.

I can see both sides.

I can appreciate some of us see such checkpoints akin to Germany in WW11: Nazis stopping citizens on the street, demanding - Your papers "Schweinhund, SCHNELL SCHNELL!"
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Re: Present CHL to Border Patrol?

#48

Post by fickman »

HadEmAll wrote:Would YOU have presented your CHL along with other Identification, if asked by a Federal, not state or local law enforcement officer, such as this Border Patrol officer?
No.

I'll join the ranks of those who, when not engaged in crossing a border, would not provide any information to a border patrol officer. Not even an answer to the citizenship question. I would do so with the greatest amount of courtesy, respect, politeness, and resolve.
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Re: Present CHL to Border Patrol?

#49

Post by Abraham »

If a citizen decided to remain mum when asked about citizenship by a BP agent, what would be the consequences?

Arrest?

It would be interesting to see what the charges would be.

Waved on after a brief bit of silence?

BP calling local police to do something or other...?

Anyone know?
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The Annoyed Man
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Re: Present CHL to Border Patrol?

#50

Post by The Annoyed Man »

Abraham wrote:If a citizen decided to remain mum when asked about citizenship by a BP agent, what would be the consequences?

Arrest?

It would be interesting to see what the charges would be.

Waved on after a brief bit of silence?

BP calling local police to do something or other...?

Anyone know?
See dadtodabone's experience http://texaschlforum.com/viewtopic.php?f=83&t=68698" onclick="window.open(this.href);return false;
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”

― G. Michael Hopf, "Those Who Remain"

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The Annoyed Man
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Re: Present CHL to Border Patrol?

#51

Post by The Annoyed Man »

fickman wrote:
HadEmAll wrote:Would YOU have presented your CHL along with other Identification, if asked by a Federal, not state or local law enforcement officer, such as this Border Patrol officer?
No.

I'll join the ranks of those who, when not engaged in crossing a border, would not provide any information to a border patrol officer. Not even an answer to the citizenship question. I would do so with the greatest amount of courtesy, respect, politeness, and resolve.
With all due respect, easier said than done sometimes. Put yourself in my shoes above. That happened at DFW, hundreds of miles from the nearest border. Would you be so obstinate then?
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”

― G. Michael Hopf, "Those Who Remain"

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fickman
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Re: Present CHL to Border Patrol?

#52

Post by fickman »

The Annoyed Man wrote:
fickman wrote:
HadEmAll wrote:Would YOU have presented your CHL along with other Identification, if asked by a Federal, not state or local law enforcement officer, such as this Border Patrol officer?
No.

I'll join the ranks of those who, when not engaged in crossing a border, would not provide any information to a border patrol officer. Not even an answer to the citizenship question. I would do so with the greatest amount of courtesy, respect, politeness, and resolve.
With all due respect, easier said than done sometimes. Put yourself in my shoes above. That happened at DFW, hundreds of miles from the nearest border. Would you be so obstinate then?
I was including going through customs at the airport as "crossing a border". This is where I expect and want ICE to be active.
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Re: Present CHL to Border Patrol?

#53

Post by Abraham »

Thanks for the link TAM.

What I think I get out of this discussion is: Politely cooperate (galling though it may be) with the BP and most likely, you'll shortly be waved to go on your way. This has always been my experience at the checkpoints as I don't act angry or even passive aggessive. Cheerful, friendly almost always works...

Or, act bellicose and be detained/interrogated for a much longer time, and after awhile, perhaps hours... (assuming you've done nothing illegal) you'll eventually be sent on your way.

While I understand the citizens urge to tell BP to flake off, after all who are they to demand answers to questions like "Are you a U.S. citizen"? They are: The ones with the power. In these instances you have zero power, unless you think acting belligerently equates to power... And, yes such questions make one feel like they're having knuckle under governmental oppression.

So, what to do?

Suck it up and cooperate, even though doing so makes you impotent with rage.

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Re: Present CHL to Border Patrol?

#54

Post by SkipB »

Nice reply Abraham.
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The Annoyed Man
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Re: Present CHL to Border Patrol?

#55

Post by The Annoyed Man »

fickman wrote:
The Annoyed Man wrote:
fickman wrote:
HadEmAll wrote:Would YOU have presented your CHL along with other Identification, if asked by a Federal, not state or local law enforcement officer, such as this Border Patrol officer?
No.

I'll join the ranks of those who, when not engaged in crossing a border, would not provide any information to a border patrol officer. Not even an answer to the citizenship question. I would do so with the greatest amount of courtesy, respect, politeness, and resolve.
With all due respect, easier said than done sometimes. Put yourself in my shoes above. That happened at DFW, hundreds of miles from the nearest border. Would you be so obstinate then?
I was including going through customs at the airport as "crossing a border". This is where I expect and want ICE to be active.
And so you think the way I was treated was acceptable? You've met me in person. In no way do I resemble a terrorist. I am a white-haired older white male who looked at the time like Col Sanders, and who has a somewhat southern accent, and who, with the exception of 4 trips to France over the previous 53 years (I was 53 at the time), two of which were when I was either an infant or a minor child and the last of which was 35 years prior to this one, had lived his entire life in the United States........and could prove it.......and DID prove it.......repeatedly each time they asked those questions differently......and yet I was treated like the subject of a criminal investigation instead of like an American citizen, grateful to be home after having spent a month overseas.

I'm all for being asked to show my passport and any other ID at a port of entry.......BUT MY PASSPORT AND ID WERE IN ORDER, and I correctly answered all questions BEFORE I was taken aside and interrogated. I didn't have lots of luggage, or not enough luggage, to be suspicious. I had one normal piece of checked luggage and a carry on bag. It begs the question: "IF a new but plainly legitimate passport is reason for suspicion, WHY would any American want to get one and then leave the country on a vacation?" At this point, we begin edging closer and closer to cold-war Moscow. SURE, you could legally leave the country for legal reasons, but the hassle was so great that most people would never attempt it. And those that did faced greater scrutiny than necessary upon their return. So I am being discouraged, by the government, from ever leaving the country. Even when my "papers" are in order.

Would YOU want to leave the country if you knew it was going to be harder to come home than it had been to leave? And mind you, I had not been to a country run by the drug cartels. I had not been to the middle east, to a communist adversary, or to a third world nation. I had been to a stable european democracy with a long history as both a global power and as a friend of the United States, where I vacationed in the countryside for a month with my family.

That passport expires this year, and I am probably going to renew it to just to have it. Why? Because when legal ID consists of a drivers license, and when states are required by presidential decree to issue drivers licenses to people who are known to be here illegally, then how long can it be before state-issued IDs are no longer considered legally valid, and some kind of national identity document is required to prove identity and legal citizenship inside the country?

So my own experience teaches me that being born as an American Citizen, with government issued proof of that citizenship in my possession, is no guarantee that the government will believe that a citizen still has any citizenship rights. In fact, it teaches me that the American government thinks that its own documents are worthless, and that all of its citizens are suspicious.

So yeah, when I drive through a BP checkpoint (or pass through the ICE/INS booth at an airport), I answer the question cheerfully and try to grin and bear it and get moving again as soon as possible; because I know from personal experience that if I allow myself to be maneuvered into having to PROVE my citizenship, the federal government won't even believe its own documents.
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”

― G. Michael Hopf, "Those Who Remain"

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Re: Present CHL to Border Patrol?

#56

Post by SkipB »

Annoyed Man, I am truly sorry you were treated that way. We as Americans should never be treated that way. I for one think it is very distasteful and show the lack of respect our so called protectors of our country have come to. I haven't flown sense 9-11 after the way our countrymen and women are treated at Air Ports.
Last edited by SkipB on Tue Jan 06, 2015 5:13 pm, edited 1 time in total.
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Re: Present CHL to Border Patrol?

#57

Post by fickman »

No, I don't think what happened is acceptable. I think we have a major bureaucracy problem in most Federal agencies where nobody is empowered to use common sense and make decisions. The average Joe is trained to strictly, mindlessly follow a process, not to understand the laws and regulations that drove the process - essentially leaving them stuck to a script and unable to handle unexpected situations.

All I meant is that I would answer the citizenship question at an actual border crossing, including customs at inland airports. I would not answer it at an interior checkpoint when I'm not engaged in international travel.
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Re: Present CHL to Border Patrol?

#58

Post by Abraham »

For all who won't respond to inland BP questions, ranging from "Are you a citizen" to anything they care to come up in the way questions: What are you willing to suffer?

BTW, I'm in your corner - NOT trying to start a debate.

But, I am curious as to how far this particular envelope can be pushed...and what the possible consequences might be and what you the innocent citizen going about his business is willing to tolerate if the hammer of BP falls on you.

Give me liberty of give me death?

Yeah, yeah, now I'm pushing the envelope, but I think you get my point.

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Re: Present CHL to Border Patrol?

#59

Post by cb1000rider »

Abraham wrote:For all who won't respond to inland BP questions, ranging from "Are you a citizen" to anything they care to come up in the way questions: What are you willing to suffer?
I have yet to decline. However, if you do decline, it seems the minimum you need to be willing to put up with is a some minor detention. Obviously on-site, but seems like they ask people to pull off and subject them to longer detention and more substantial interest.

Beyond that, I'd question what the point is going to be. It's very unlikely to change the internal operations just because you refused - so you'd need to be willing to file a complaint about it and follow it up... I know that some of this stuff has the attention of legislators in some states. And enough people doing it and then doing something about it, it might get changed.

Beyond that, there is the consideration that this sort of thing is a "necessary evil" as we all know that what they are really looking for - drugs - are occasionally found through these checkpoints.. And honestly the more liberty we give up, the easier it is to fight terrorism, drug dealing, and general criminality... I guess some people are OK with that.
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Re: Present CHL to Border Patrol?

#60

Post by fickman »

It's time.

They'll ask you to go to secondary, which you can also refuse. If they really overreach and detain you, eventually a high enough supervisor will be able to use common sense and let you go.

I believe, IIRC, and I can't cite a statute or legal case, so this may be nothing more than Internet hearsay, they have to have a reason to suspect you're not a citizen before they can compel you to answer.

I don't dig in on a lot. I cooperate more than I legally have to on traffic stops. I've even given officers my DL when I wasn't driving, which you don't have to do (if you're not carrying).

I have a harder philosophical line with the Feds in these overreaching cases. I don't go through the Michael Chertoff scanners at the airport (that mostly costs me time, and I don't take it out on the agents that are doing their jobs - we're usually laughing and talking by the time my pat down is done), and I'm not cooperating with border patrol interrogations inside of my own country when I'm not crossing a border. Again, this could end up costing me time, but for some reason I'm dug in on it. I can do it while maintaining a genuine respectful courtesy of the officer and would even be willing to explain the principled reasons I won't answer his question.

That is all. . . the revolution won't be televised.
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