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Trusted Traveller Violation Notices: A Momentary Mistake may Require a Long and Arduous Appeal Process
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A Trusted Traveller Program Violation Card is a notification issued by U.S. Customs and Border Protection (CBP) or Canada Border Services Agency (CBSA) when a member of a Trusted Traveller Program (like Global Entry, NEXUS, SENTRI, or TSA PreCheck) is found to have violated the program’s terms and conditions. This notice typically outlines the specific violation and the consequences, which can include suspension or revocation of membership.
Terms & Conditions of NEXUS Membership
Travellers receiving their NEXUS Membership are usually cautioned to obey the conditions of the Membership, although one wonders how many actually do!
While the entire list of possible customs “infractions” is a long-one, some of the more common infractions can include the following:
- Failure to properly declare Imported Goods;
- Failing to keep personal information up-to-date (i.e., address, immigration status, passport number / expiry dates;
- Failure to report a lost or stolen NEXUS Card;
- Using a NEXUS lane without possession of the Card;
- Crossing a land border in a NEXUS lane with others without valid NEXUS Cards (even if spouses and children);
- Using a NEXUS Card when in possession of “commercial goods”, including promotional samples (even if declared);
- Using a NEXUS Card when in possession of more than CAD $10,000 in currency and/or monetary instruments (even if declared); and
- Committing any other legal infraction (whether customs, criminal or immigration related).
What Happens on Discovery of a Violation?
When CBSA or CBP determines that an “infraction” has occurred or that the terms of the NEXUS Membership have been violated, they will take the appropriate legal action (i.e., effect a customs seizure, immigration action or lay criminal charges) in respect of the “initial infraction” and will either confiscate the NEXUS Card and/or issue a Trusted Traveller Program Violation Card.
What Happens Next
When this happens, it is generally advisable to retain a customs lawyer. A lawyer can help to sort out what just happened, and to initiate the proper appeal / defence actions necessary to deal with the “initial infraction” (i.e., the problem that may have led to the NEXUS confiscation, and to initiate the proper request for reconsideration to try and get the NEXUS confiscation overturned). Both sets of actions/appeals are generally recommended!
The stakes are often high in these appeals because both the CBSA and CBP would be expected to inspect the affected Traveller more stringently during future border-crossings. This could include additional hours spent in secondary inspection, as border officers take what has been described as a “deep dive into what the traveller initially disclosed” with a purpose of allowing for “for a more in-depth investigation” of the traveller: see the Depuis case.
Moreover, wait times for reapplying for the NEXUS Card can be up to ten (10) years, depending on the underlying infraction – and in some cases, the traveller may be permanently barred from every reapplying!