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by vowelless 4674 days ago
In January of 2010, I was coming back from the Middle East and landed in JFK airport after a 20 hour flight. This was weeks after the underwear bombing incident and I was expecting heightened security. I went through the cotton swab test which came out to be positive and was detained for an hour at the airport. I complied with the TSA for any searches they wanted to do on me (I was tired and was frankly a little alarmed by the positive cotton swab test).

After an hour and a thorough search of my belonging, I was rescheduled on a different flight (for free) and I got back home.

Something about the original story did seem a little strange to me. I am a text book "random search" person - born in the middle east, Arabic sounding name, frequent trips to the middle east, etc. But I always tend to comply and be honest about what I have been doing. Besides that one detention and "random" screens, I've not been too bothered by the security personal (remember, they are people too). I guess I am just used to more intrusive searches in other countries.

Edit: For the record, I am not a citizen or permanent resident of the US (work visa).

3 comments

With respect, I think you're accepting an unreasonably low standard of conduct on behalf of the TSA. Why should you just accept "random" searches because of dark skin or arabic sounding name? (Even if 90% of terrorists are arabs, which isn't true, but even if it were, that still means that only 0.0001% of arabs are terrorists, which makes the whole racial profiling strategy not only bad morals, but also but operations). More importantly, what would happen if you asserted your rights, even to the smallest degree? What if you asked for an explanation of procedures before they're being performed, would the agents then qualify you as "aggressive"? What if you refused some procedures and asked to leave? What if you asked to call your lawyer?

I also have an arabic-sounding last name (though I'm white as a snowflake, and ironically jewish), and I also have to go through "random" searches on occasion (I had four incidents like this in the airport in Israel). Yes, the agents are polite to me, but I don't do very much to assert my rights, mostly because I feel like it would be picking the wrong battle. However, I don't have the confidence that they'd remain polite and professional if I did assert my rights, and many, many people have the same trepidations when they go through border security.

When a U.S. citizen has to feel trepidation upon entering his country when he's done absolutely nothing wrong, there's something very wrong with our system. (At the very least, I'd expect them to post procedures for public scrutiny and allow going through the regular court system when something goes wrong; as of now the whole thing of "being in limbo" just seems completely backwards)

I forgot to mention (now added), I am not a US citizen or resident. I was pretty aware of the situation in the US before I consciously decided to come here for university and then remain for a job.

The main point of my post was that I think the original poster could have cooperated a little better with the TSA. But, I take that view because I know I am a 'guest' in this country. I guess being an American would give you different expectations. The US border agent can refuse entry to me. But not to you under any circumstance. In that case, I think it is worth asserting your rights, like Mukherjee.

While I acknowledge that in practical terms you are sure to get more hassle for asserting your rights, they are still your rights.

Under the law you are subject to the same laws and privileges as any citizen - you are expected to obey our criminal laws while on US soil and you are also expected to have the same civil rights while here too.

If every textbook case got the worst treatment then the problems would be so obvious that they would have been fixed a long time ago. It is like "driving while black" - if cops pulled over black drivers every single time they were on the road the practice would have been stamped out long ago.

If tomorrow you got the same treatment as Mukergee did, then all of the tolerable experiences you've had up to that point wouldn't console you all that much.

I disagree because I knew the laws of the country before I came over in 2007. I am not a citizen and so cannot try to lobby for a change in laws. Actually, that might be illegal.