US passport protections and immunity when crossing borders

score:16

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Does the US Passport provide any kind of immunity against harassment, insult and intimidation by the border police of a destination country?

As others have pointed out, no. Harassment is generally prohibited by local laws, but of course what you consider harassment and what the local law considers harassment may not be exactly the same thing. In general, government officials everywhere enjoy a presumption that they are acting reasonably, and even when they are not they usually have an easy time arguing that their actions were reasonable. Just like a police officer in the US, they can claim that some aspect of your presentation at the border aroused their suspicions, and it is difficult for anyone to prove that they haven't made that up.

Historically, a passport was a diplomatic request from one sovereign to other sovereigns to afford legal protections to a traveler. Whether that is still the case is probably a matter of debate, but to the extent that it is true it means only that you have access to the destination country's courts. So, if you really can make a case that your treatment was illegal under that country's laws, you may be entitled to some relief. This is extremely unlikely in general, but if you want a more specific assessment of your particular case, the proper course of action is to speak with a lawyer in that country. The local embassy should be able to help you find a lawyer who speaks English if the local language is not English.

The US passport definitely does still entitle you to some protections and support offered by the US government in certain cases, but that is very different from "immunity." For example, if you are arrested or prosecuted for a crime, you have a right to consular assistance. The Department of State is very clear that their ability to assist is limited to certain specific areas.

If you think about this a moment, you'll see why it must be so. Diplomatic agreements are generally reciprocal. If there were some rule prohibiting you from being detained at the border for an hour, then such a rule would also apply to citizens of that country who seek entry to the US. Would you want everyone in that country to enjoy "immunity" from such treatment? I don't think so. Immigration officers at national borders are charged with identifying and preventing people who are entering a country illegally, and most people want them to be able to do their jobs. The question is whether they were reasonable to suspect that your passport was fake and whether their response to that suspicion was also reasonable, and, once again, the proper venue for examining those questions is the courts of that country (or perhaps an administrative review if you file a formal complaint with the country's border agency).

In a comment, you write

why does it matter which passport you carry for entrance? I was under the impression that there's an agreement which clearly defines boundaries on what they can or cannot do.

From the immigration officer's perspective, the passport is mainly significant because it determines whether you need a visa to enter, and, if so, what kind. This is sometimes, but not always, the result of a negotiated agreement between the two countries. Aside from varying visa requirements, most countries guarantee the same due process of law to all arriving visitors regardless of the country that issued their passport. (I'm ignoring diplomats here, who are indeed immune from all sorts of border formalities, but there too countries don't generally treat arriving diplomats differently depending on the country they represent.) Another significance of the passport is simply that it determines which consulate the country's authorities must notify if you are arrested.

In conclusion, the US does have the capacity to use diplomatic pressure to influence how other countries treat US citizens, but for the most part it will refrain from applying that pressure except in egregious cases. For the most part, like pretty much every other country, the US will only expect each country to treat you lawfully under that country's own laws, and, if it does not, the US will probably not do much about it unless it suits the US administration's diplomatic and political agenda.

Upvote:3

The British passport states 'Her Britannic Majesty's Secretary of State requests and requires in the name of Her Majesty all those whom it may concern to allow the bearer to pass freely without let or hindrance and to afford the bearer such assistance and protection as may be necessary.'

Theoretically, if a British citizen was harassed by Johnny Foreigner, troops were sent. Maybe a gunboat. And, very occasionally, this happened. But mostly, of course, it didn't. (Would you be happy if such support was given to a British visitor to America?)

The US passport has a similar preamble. "The Secretary of State of the United States of America hereby requests all whom it may concern to permit the citizen/national of the United States named herein to pass without delay or hindrance and in case of need to give all lawful aid and protection."

'Requests and requires' has been weakened to 'requests'. A little more realistic!

Upvote:3

The US passport (as well as any other) doesn't provide much more than an identification.

As a foreign citizen, you may expect a treatment not much worse (or in some cases, a bit better, but just a bit) than the country's own citizens.

On the other hand, showing a passport that "looks suspicious" converts you from an ordinary traveler into a suspect. A fake ID document in most countries equals jail time, worse if it happens at the border. The police in most countries (including the US) has rather large discretion over a suspect's time and feelings. The exact extent varies, but an hour (or more) of detainment, as well as a rather unpleasant interrogation, are quite common. And, as far as my experience goes, apologies and regrets from a police officer are quite a rare beast, world-wide.

In the above paragraph, US citizenship changes nothing. And if your passport ends up being fake, you are not really an US citizen until better proofs are available.

Regarding Serbia:

I am not impressed by their border police either (but never lost more than 15 minutes talking to them). Living in a country bordering Serbia, I can recall a lot of testimonials similar to yours, most cases resolved by a $10-$20 value bribe (in any currency). The US citizens, as far as I can tell, are not discriminated in any way.

Upvote:6

As other answers have already stated, the simple answer is NO. It is a document issues by the US meant to identify you as a citizen to other countries but when entering their borders you are subject to their process and laws.

The main issue with your question is that, even if it did, the border control officers would have to recognize it as a genuine US passport and you as its legitimate holder. The same is true if you were questioned coming back into the US. If your passport was damaged or your photo significantly different that yourself at the time of entry than you would be questioned which can often be very unfriendly and agressive, specially if they see anything that makes them suspicious. There are plenty of reports on border officials crossing some line in behavior and could happen in any country.

Upvote:7

Your passport is the primary identification of you, and your citizenship, to the immigration authorities. It's a sad fact of life that some people travel on forged documents, this is either

  1. to claim citizen of a (highly developed) country, in order to not require a visa, or
  2. To hide the fact that they over-stayed on a previous visit

Forged documents often are deliberately water-damanged, in order to disguise the tampering. If your passport was damaged, or your appearance has changed since the photo was taken, then the immigration agent may think the passport is not genuinely yours. If so, (s)he has to take additional steps to reassure him/herself that it is valid, and you are allowed to enter the country.

If your passport is damaged or you've changed your appearance, I recommend that you apply for a replacement before your next trip abroad.

Upvote:22

Do you believe that a foreign passport gives immunity from "harassment" by the CBP at the US border? No? Why should the US passport work any differently in this regard?

Well, realistically it does, to some degree. The US government may act if their citizens are are harassed and the US has more leverage than many other countries. But that will only happen if the US government agrees with your view of the situation, and perhaps not even then.

There are plenty of forged or altered passports around. Immigration officials are trained to be suspicious, and they may be able to call on documents specialists if they are not sure. That can easily take some time.

Take a deep breath. The situation was stressful and unusual for you. You feel insulted. You may have been insulted, but a lack of an apology or explanation is pretty mild as immigration problems go.

If it was in a country with a functioning rule of law, and if the border officials were unprofessional, you may be able to sue. But those are long odds, with your word against their record.

Upvote:26

No, you're always subject to local law/policy in the country you visit. The only way to protect yourself from it is by simply not going there.

If it can be objectively proven officials have broken the law at your expense, I suppose the embassy can help with getting a local lawyer, but that's about it. This scenario hardly qualifies.

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