CBP Interrogation 2/23/17

On Thursday, February 23, 2017 I was returning to San Francisco from an art show in Brussels with a brief layover in London.  Upon landing, I was counting my blessings as I somehow managed to be one of the first ones off the plane.  At the end of the jetway, two CBP agents were conducting a preliminary passport check.  I passed through, headed to the immigration area, scanned my passport, got my ticket, and walked up to the first available border/immigration official.  As he was entering my info, I was thinking, “Wow! This is the fastest I’ve ever gotten through border control.”

        The passport check seemed to be going on a little longer than normal as the agent furrowed his brow and stated in a rehearsed jovial voice, “Don’t worry.  This will just take a few moments.  We’ll have you out of here in a moment.”  Several minutes later (again with the same practiced joviality): “Ok, you’re all set.  You can just head over that direction to the Secondary area and speak with the agents there.”  Uh, what?  So much for getting through quickly.

        I walked into a smallish (~30’x30’) waiting area with several rows of black pleather airport seating occupied by approximately two dozen people who appeared to be of North African, Middle Eastern, Southeast Asian, and Latinx descent (I was the only white person in the room aside from a few of the CBP agents.  I approached the counter with the attending CBP agent who gave me a surly look and then asked for my passport.  As I waited for him to hand it back, he simply placed it in a rack with others and then turned on the same bit of insincere niceness I had experienced a moment before, “Ok, we’ll have you out of here as soon as we can.  Please take a seat and we’ll call you in just a moment.  No cell phones.  We’ll have you out of here as soon as we can.  Thanks.”

        I sat down among the other silent travelers and looked around the room.  On the wall facing the seats was a wall-sized world map.  Next to it was a poster declaring the federal policies justifying searches and questioning.  On the adjacent wall was a row of round clocks showing the times around the world: San Francisco, Sydney, Lima, Dubai, Mumbai, Mexico City, and one or two more.  On the wall backing the seats, were three mundane landscape photos: a mountain, a lake, some trees.  And the rest of the room was occupied by the CBP counter, a desk, a hallway, and 3 closed office doors.  As unsettling as the whole situation was, the stress and silence were simultaneously broken when one of the other traveler’s cell phones rang.  His ringtone?  The Empire theme song from Star Wars!  No bullshit.  It was the funniest, most uncanny moment.  I laughed out loud, hoping we could share the humor of the moment, but instead he nervously fumbled with his phone while alerting the CBP that it was his traveling companion checking on him.  He asked if he could answer it, but was told he could not.

        Realizing I could not record anything with my phone, I pulled out my sketchbook and began to draw the waiting area.  About a minute later, my name was called even though I arrived after most of the others in the room.  I followed another CBP agent down the hallway past more anemic landscape photos and was asked to take a seat in front of a small desk occupying part of a grubby corridor with numerous scuff marks on the walls.  Above and slightly behind me was a security camera and another CBP workstation with an agent pushing papers and occasionally typing on a computer.  

        The agent again addressed me as if he were taking my food order at Denny’s, “Sorry for the inconvenience.  We should have you out of here in just a moment.  I hope you won’t mind if we just ask a few questions.” Many of the questions were asked more than once (* asterisks indicate which ones below).  As is common in interrogations, repeat questions were asked in an offhanded way as if the agent weren’t sure he had heard right or previously asked the question.  For example, I would be asked to provide my address even though it was already written on my “declarations” form.  The agent would type it in.  Then, a few moments later he would say, “Oh sorry, can you give me your address again? –- Ok, yeah. Got it.”  Or alternatively, “Sorry, did I already ask for your cell number?  Why don’t you give it to me again just in case.”  While it may sound as if he were simply a bit absent-minded, I got the distinct sense that this tactic was used to ascertain whether or not I was telling the truth.  To the best of my memory these are the questions I was asked in the order in which I remember them:

• What’s your name? Can you spell that?  (He had my passport open in front of him).
• *Are you traveling by yourself?
• *What’s your home address?
• *What’s your phone number?
• What’s your email address?  What is (name of college)?  You work there?  What do you teach?
• What countries did you travel to?  Only Belgium? Nowhere else?  Are you sure?
• Where in Belgium were you?  Only Leuven? Can you spell that? Nowhere else?  Are you sure?
• Why did you travel there? (A: “business”)
• Why kind of “business”? (A: “artist”)
• What kind of art? (A: “installations and video”)
• And that requires you to travel to Belgium? (A: “I was in an art show.”)
• Can you prove you were there for an art show? (A: “yes” and showed him a brochure.)
• This says “Center for Tactical Magic” not your name.  Do you have anything else? (A: “yes” showed him my event pass with both my name and “Center for Tactical Magic” on it.)
• What is the Center for Tactical Magic? (A: “It’s how my work is authored – kinda like a band name.)
• So you were there for an art show? (A: “yes, I was invited”)
• Who invited you? (A: “The art institution – STUK – it’s written on the pass”)
• Is there anyone there that can verify this? (A: “yes, anyone there can verify it”)
• Do you have the name of anyone specific?  (A: “yes, the curators’ names are on the pamphlet right there.”)
• Sorry, can you tell me their names?
• Do you have phone numbers for them?
• Do you have emails for them?
• ***Is there anyone else you were in contact with there?
• *Do you have any other contact information? Are you sure?  Can you check your phone and see if there are any other contacts there? Are you sure?
• And they invited you?  
• Where did you stay?  Do you have an address?
• *Did you book your own travel?  *Who booked the travel? *And your apartment?
• *Do you have any contact info for the travel agency?
• *Is this normal for you to travel this way?  
• **How often do you travel for your art?  *How many times a year?  
• *Where else have you been in the last year?  Also for art?
• Can we check your phone to verify the info you provided?

• This is where I began asking lots of questions.  I also asked to see the written policies authorizing their actions and we waited while they went to get a “tear sheet”.  Following are some of my questions and their answers:
• Is there a problem with my travel arrangements? (A: “I’m sorry but I can’t provide any details.)”
• Is there a concern about the arts venue? (A: “I can’t really say at the moment.”)
• What is it you want to check on my phone?  Is it something in particular that I can just show you? (A: “We’re looking for information pertinent to our investigation.”)
• Do I have a choice in the matter?  What are my rights in this situation?  As a US citizen, don’t I have equal protections under the Constitution regardless of whether or not I am in an airport or outside of one?  (A: “I understand your concerns, and I’m hoping we can get you on your way as soon as possible.  Of course you have a choice, but we can also be dicks and just take your phone as part of our investigations if we see fit.  Your phone and its contents are part of your personal effects which are subject to examination when crossing any border into the US.”)
• That doesn’t sound like much of a choice.  What happens if I choose not to unlock my phone? (A: “We can detain your phone and any personal effects needed to assist in our investigation.”)
• For how long? (A: “Not long.  Just until we’re done with it and then we would ship it back to you.”)
• How long would that be – days, weeks, or indeterminate? (A: Indeterminate)
• But I could leave? (A: As soon as we’re done.)
• Am I also being detained then? (A: “No, we’re not detaining you just your personal effects.)
• So I can leave then? (A: “As soon as we’re done here. Hopefully we can get you on your way shortly.”)
• Can I be present when you search my phone? (A: “No, I’m afraid not.  But for this investigation I can tell you that we are only conducting a manual search and not a digital extraction.  However, I can tell you from others that have refused to unlock their phones that I can’t make the same claim and your information may be copied for later review.”)

• *Is there any reason in particular why you don’t want to turn over your phone? (A: I believe strongly in the Constitution and in my right to privacy.  I have nothing to hide but the only way I know if I actually have any rights is if I try to exercise them.  But it sounds like I don’t actually have those protections in this situation.)
• ***Can you please turn over your phone for a quick check so we can get you on your way? (This was asked continually during the baggage search mentioned below. I repeatedly answered, “I would like to wait until I have had a chance to read the “tear sheet”.)
• Do you have any other luggage coming into baggage claim? (They go and get my bag.)
• Second agent returns with bag and written authorization.
• We’re going to search your luggage.  Did you pack your bag yourself?  
• *So you can account for everything that’s in your bag?  
• Is there anything about the contents you would like to tell me before I open it?  
• Do you have any food, meat, fruits, vegetables, etc?  
• How much cash are you carrying?  
• Did you make any large purchases while abroad?  
• Is there anything sharp in your bag that could cut or poke me?  
• Do you have any other electronic devices – ipads, laptops?
• *What’s this?  (asked  about all sorts of things from toiletries to magic tricks, etc.)
• So you do magic then?  Have you seen the movie Now You See Me?  What did you think?  Did you like the first or the second one better? (They agreed they both liked the second one better.)
• Is this a hard drive or a battery?
• You’ve been very cooperative so far.  Do you understand that if you choose not to unlock your phone we may need to detain your other personal effects?

• At this point they seemed unable to find the access to my laptop and I became concerned that not unlocking my phone would mean turning over my laptop and all my belongings.  There was a chance that they would eventually find and search my laptop anyway, but I thought if I turned over my phone, they might be satisfied with that.  I unlocked my phone and handed it over.  The agent asked for my passcode.  I selectively ignored him and chose instead to answer the other agent’s questions about some items in my bag.  I assume the agent with the phone decided to take it while it was still unlocked rather than wait for me to answer and risk having the phone relock and me change my mind.
• The phone was out of my possession and out of sight for approximately 5-10 minutes.
• The agents returned with my phone and passport, thanked me, and offered (not that I had a choice) to escort me through customs and to the exit.
• As we passed the waiting room, I noticed a few of the same people still seated there (almost 45min later).  There was also the only other white person I saw - a mother with a British accent and a baby.
• I asked the agents if they’d been busy lately.  They replied that they were really slammed when the travel ban was first implemented but that it’s leveled off since then.
• I asked how things were different under the new president.  They replied that the policies really hadn’t changed much just the direction.  I asked him to explain further, and he said that the countries that were included in the ban were countries that they always screened heavily anyway.  I asked how it was different now, and he said the public really only gets to see one side of it but he couldn’t (wouldn’t) say more.

During the entire process, the agents delivered their questions in a casual, nonchalant tone like someone trained to appear friendly and unassuming.   I also made an effort to appear relaxed throughout the process, asking questions in a non-combative tone.  I don’t know that it helped but I got the sense that it had a disarming effect and made them more self-conscious and less concerned about me. Here are a few afterthoughts:

1) All the security on your phone/laptop means little if they can make you unlock it. Consider using stripped down devices when traveling.

2) You are strictly forbidden from using your cell phone in secondary, but there was a small opportunity between customs and secondary to send an alert message out if need be. If you are traveling with others, you should consider prepping a text in advance.

3) You should log out of all applications, email, etc. upon landing. I handed over an unlocked phone but did not provide passwords. However, all of my apps incl. email were unlocked and could be opened from an unlocked phone.

4) Everyone in secondary is stressed. In retrospect, I wish I had made an effort to engage in light conversation with others without asking for any personal info.

5) Ask lots of questions. I did, and although it didn't get me out of the situation I could see that it did unsettle the agents and make them self-conscious. Plus, someone more clever may have been able to find some other loophole that I overlooked.

6) I asked to see the legal policy in writing that authorized their request and then waited for them to provide it before proceeding with the questioning. Although they continued to ask for my phone during that wait, I politely declined and played the concerned citizen/constitutionalist card. During the wait, I was also buying time for my phone to re-lock after they had asked me to retrieve info from it, and for me to consider what I wanted to do.

7) There was a high-angle security camera directly above and slightly behind me. Before asking me to turn over my phone, I was asked to provide details from phone. I suspect the angle of the camera and the position of the seating allows them to essentially look over your shoulder and see if you are entering a passcode or trying to delete any info. You can shield this with your body by keeping the phone low and close to you.

8) If you are considering sacrificing your phone, you might want to also remove your SIM card upon landing for use in another phone later. Keep in mind, that sacrificing your phone may also involve sacrificing ALL of your personal effects. This is what was implied to me.

** I hope this is helpful! I have some ideas about what I’d do differently next time, and hopefully you do too.  I'll add more if I think of it and try to answer any questions that anyone has.  Also, I just want to say that my experience is relatively tame compared to what I’ve heard regarding others from more vulnerable and targeted communities.  I do not assume that my experience is identical to everyone else’s, but again I hope that this can be of some help to someone else.

Addendum 3/10/17 – A number of immigration and privacy rights lawyers have asked the same set of questions, so I want to address them here:

- I am a US citizen, born in the US, from parents that are US citizens, born in the US.

- I was traveling with a current US passport.

- I have no criminal record.

- I am not currently under any pending investigations (that I am aware of).

- I have not traveled to any countries on the “Terror Watch List”.

- To the best of my knowledge, there are not any known terrorists or criminals that have the same or similar name.

- I have not previously been detained at a US border or airport.

Aside from lawyers, many other people have asked me why I think I was singled out.  The motivations for asking this question vary widely, but in most cases I believe that this is exactly the wrong question to ask.  First of all, any response is supposition at best.  The CBP gives absolutely no indication as to why you are being screened.  Secondly, it is deeply problematic to ask individuals who were interrogated to further scrutinize themselves and to suggest what aspects of their personal lives they consider to be justifications for government intrusions on their privacy.  Personally, I don’t feel particularly threatened by this question; however, I also don’t feel particularly obliged to attempt to answer it.  However, it should be readily acknowledged that this question places on unfair burden on people, especially if they are members of more vulnerable or targeted communities.