New U.S. Customs and Border Protection (CBP) regulations took effect this month that combine two bad ideas — fees to encourage foreigners to visit the US by charging them more to do so, and fees for the Electronic System for Travel Authorization (ESTA) — in a way that creates new possibilities for travel surveillance and […]
According to a recently-released European Commission staff working document, the U.S. Electronic System for Travel Authorization (ESTA) is not “tantamount to the … visa … process” required for admission to the European “Schengen Zone”, and therefore does not give cause for the imposition of reciprocal visa requirements for US citizens seeking to enter Schengen countries. […]
In a Notice of Proposed Rulemaking (NPRM) in the Federal Register on June 9, 2008 (73 Federal Register 32440-32453), the Department of Homeland Security has proposed a new system for foreign citizens intending to visit the U.S without visas, and to enter the U.S. by air or sea, to apply for and receive an additional […]
Citizens of the USA and some other most-favored nations have long been able to travel to many European countries for tourism or business without visas or prearrangements and with minimal border formalities, as long as they didn’t stay too long or seek local residence or employment. This is scheduled to change with the imposition of […]
More than 100,000 US citizens — almost ten times as many as the State Department had projected — have been required to complete one or both of two impossible “long form” supplements to their applications for US passports, according to records we received this month in response to a Freedom Of Information Act (FOIA) request […]
Judge Nina Morrison of the US District Court for the Eastern District of New York (Brooklyn, Queens, Staten Island, and Long Island) has ruled that police, including officers of U.S. Customs and Border Protection (CBP), need a warrant to search your cellphone at JFK International Airport, even when you are entering or leaving the US. […]
The 9th Circuit Court of Appeals has upheld the right of a traveler to have a Federal court review decisions by US Customs and Border Protection (CBP) to admit or remove an individual from the SENTRI program, one of the Trusted Traveler Programs administered by CBP and the Transportation Security Administration (TSA).
In researching the law on the right to travel to obtain an abortion, we were pleased to notice an advisory opinion from the Office of Legal Counsel (OLC) that, although only in passing, explicitly acknowledges the right to travel. OLC is the division of the US Department of Justice that serves as the office legal […]
In the latest escalation of surveillance of travelers, data from automated license plate readers (APLRs) is being merged with data from devices that record the unique identifiers of passing WiFi, Bluetooth, and Bluetooth Low Energy (BLE) devices, including always-on devices intended for in-vehicle communications, entertainment, and network access. Most new cars, SUVs, and light trucks […]
Narrowing the damage done by its 2015 ruling in the Identity Project case of Mocek v. Albuquerque, the 10th Circuit Court of Appeals has ruled that it is clearly established law that, even in a state such as New Mexico that requires individuals suspected of crimes to identify themselves to police on demand, a valid […]