Concerning Our Concern Alleviation

The border people are coming up to alleviate our concerns next Tuesday (6:30, Community Center), apparently. I’m not even sure what those concerns would all be, but the concerns I am most familiar with are the lack of any clear rules about denial of or loss of Nexus privileges and the absence of any appeals process other than writing to a guy in Vermont who writes back to say, ‘I have looked into your case and you were denied/had revoked your Nexus card because we have a ‘zero tolerance program.’ What they don’t tolerate remains very mysterious.

However, it is not that New England ombudsman who is coming to talk to us. It is some lower echelon ‘muck’a’muck’ from Seattle who is going to address us. All our personal experience here in Pt. Roberts is that the border people under Chertoff and now under Napolitano DO NOT give you reasons for denials or revocations of Nexus cards.

Here is Congressman Larsen, in February (speaking to the Bellingham Herald):

Yet the [Nexus] program has many flaws including a rigid "zero-tolerance" policy for NEXUS card applicants and the absence of an appeals process. I have called on Congress to hold hearings on the NEXUS program. . .


On the other hand, here is the current text (Feb. 9, 2009) on the DHS website with respect to Nexus denials or revocations:

To qualify for one of the U.S. Customs and Border Protection (CBP) Trusted Traveler Programs, all applicants must voluntarily undergo a thorough background check against criminal, law enforcement, customs, immigration, agriculture, and terrorist indices to include biometric fingerprint checks, and a personal interview with a CBP Officer.

In the event you are denied or revoked from the SENTRI, NEXUS or FAST programs, you will be provided information in writing detailing the reason for this action. The letter will also contain guidance on how to seek additional information, if necessary.

If you feel the decision was based upon inaccurate information, you may contact the local trusted traveler Enrollment Center to schedule an appointment to speak with a supervisor. A list of locations can be found on the Trusted Traveler Programs web site. ( Trusted Traveler Programs )

If necessary, you may also write to the CBP Trusted Traveler Ombudsman at:

US Customs and Border Protection
300 Interstate Corporate Center
Suite 303
Williston, VT 05495
Attention: CBP Ombudsman

Thus we see that on Feb. 9th, DHS says there is an appeal process, and on Feb. 14th, Congressman Larsen says there is NO appeal process. It’s so hard to know whom to believe nowadays. But we’ll go to the meeting and see if, somehow, everything has changed.