Question, We went down last Friday on a last minute trip to RP. Anyways, I forgot my passport. So I figured it would be a hassle on the way back. On the way through, the US Agent asked for my passport. I said I forgot it and he said that I cant leave the country and enter Mexico. He then instructed me to back up and turn around. I chuckled and told him to get a supervisor. He argued with me for several minutes saying his supervisor is busy. As there were about a dozen cars behind me at this point, I threatened to turn my car off and walk in and get a supervisor myself, his supervisor came out talked to the agent for a minute and abruptly told me to start my car and "leave". Never asking about the raw steaks I had taped to my window, bunches of undeclared US currency on my dash or the barrels of straw sale semi automatic weapons I had visable in my backseat. (LOL)
Seriously.... Can the CBP "LEGALLY" PREVENT you from leaving the country without visable proof of a passport? If you think so, please CITE your source of information. No second or third hand "I heard, My friend the laywer said...etc" I've spent about an hour on the internet not finding a thing.
Now there is a difference here... I HAVE a valid passport, I just didnt have one as proof to show at the border. Not only did the US agent say that I could not leave the country, he actually physically prevented me from doing so.
This is a good and valid question, I know you dont want opinions so I wrote to CBP with a detailed question and should hear back soon. ALL of the information about passports refer to re-entering the USA or leaving the USA by Boat or Plane which is not the case for your question. It should be interesting to see what the clear ruling is.
Great question! And wow I found this "(b) Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport." I would think the word "bears" is the operative word here and up for interpretation by the guys in blue. Here is the source INA: ACT 215 - TRAVEL DOCUMENTATION OF ALIENS AND CITIZENS
Great question! And wow I found this "(b) Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport." I would think the word "bears" is the operative word here and up for interpretation by the guys in blue. Here is the source INA: ACT 215 - TRAVEL DOCUMENTATION OF ALIENS AND CITIZENS
AHHHHHH... This is where the mastery of language increases the interesting nature of the original question.
There is only one legal definition of "citizen of the United States", and that definition is born of the 14th Amendment. Prior to the 14th, "citizenry" was of the several state upon whose soil you were born. Some people were citizens of Vermont, and some were citizens of Virginia. There was no such thing as a Federal citizen until the Emancipation Proclamation and the Civil War determined that there is no such thing as a free man in the conquered commonwealth of the united States of America. The 14th Amendment sealed the deal.
So, if the CBP asked you "Are you a US citizen?" and you reply in the affirmative, then they can compel you not to cross the border without your passport per the administrative law that Estero provided above.
But, can they ASSUME that you are a US citizen, and prevent you from crossing without a US passport? NOPE.
Can they prevent you from crossing without a passport if you declare not to be a US citizen? NOPE.
Can they really prevent you from being a free person at all? Nope, but they CAN make the price of your freedom seem just a little too expensive to pay.
"yes sir, no sir", or "sure, handcuffs are fine- what's 20 minutes of mere inconvenience" sure do go a long way to maintain peace of mind.
I've posted this in this forum before: "Are you a US citizen" is a not just a simple question. It is a question intended to bind you into a contract with a Federal company incorporated in the District of Columbia.
Once you bind yourself in contract, you are subject to the by-laws and governance of the UNITED STATES of AMERICA, inc.
I read the same thing that Estero posted but I do not believe it has been signed into law. I will reread it but passed on bringing it up since it did not make it clear if it was a proposed change or one that had already taken place. Under the original constitution and no this has nothing to do with the question you are free to re-reenter the USA with out a passport if you are a citizen - they can make it difficult but once you pass the test you are in. Initiatives like the Western Hemisphere Travel Initiative are just that, they do no replace law. They may at some point be entered into law but as long as they are an initiative they cannot trump the Constitution.
When you go on a plane to a foreign country, you have to show your passport before leaving. I don't think it's fair, but you can't board the plane w/out showing you can get back in. Good for you for asking for a supervisor, and I'm glad he let you go into Mexico.
Do people regularly get asked to see their passports by CBP on the way into Mexico? I've never once been asked to see my passport. Only been asked where I'm going, how long am I going to be there, how much cash I have, and what my job is in the US.
The last 5 or 6 times I've driven into Mexico from the Lukeville station I have been with people without passports, including 1 time with a friend from Georgia who didn't even have any ID at all lol.
Not once has the US BP asked for a passport to get into Mexico. Only the usual money, weapons, etc questions.
I always wondered about the whole entry w/o passport....I hope it's not true that you need a passport to leave the US!
*edit* I do respect the law and always have my passport. Just always seems that 1 friend on every trip doesnt have a passport but wants to go with us. They do bring a birth cert tho.....
Do people regularly get asked to see their passports by CBP on the way into Mexico? I've never once been asked to see my passport. Only been asked where I'm going, how long am I going to be there, how much cash I have, and what my job is in the US.
Asking what your job is, is a first for me. Has anyone else been asked that?
Asking what your job is, is a first for me. Has anyone else been asked that?
Yes, I have been asked that question a few times. Always irks me too. I know these guys and ladies are doing their job but their candor and arrogance is often over the top.
I've never been asked for my passport or what my job is going in to Mexico by the cbp. I have, however, been asked how my social work was going on the way back in to Arizona. That was a different trip than the Good afternoon, Miss Ainsworth question.......
Make it simple. Pay $35.00 for the "card" passport. It is the size of your drivers license and keep it in your wallet. Also when returning from Penasco there is a "Ready Lane" for those with the card passport. You sail through unless you have shifty eyes. :roll:
Opinion nothing more than an opinion, these guys are reading this too.
If you want to leave the USA with no passport the only way you can is by land travel, private land travel. My opinion is that CBP cannot stop you from leaving via land travel even if you do not have a passport. Their job is to enforce US sovereignty for those who wish to come into the USA. If they ask you for your passport, show it with the respect due. If you dont have one explain that you are willing to take your chances upon reentry. I am still waiting for the eply but I have thought about this all day and cant see a reason why they would want to stop you from your journey when they dont have jurisdiction until you reenter. The planes, I understand I think they should know everyone on the plane, same with boats, same with trains. If you are in your own mode of transport I cant see why they would care. If you were on a tour with a group they may impose restrictions on the tour company in trade for their license to conduct. Time will tell and we shall see. Interesting all the same
When you go on a plane to a foreign country, you have to show your passport before leaving.
As one who has written countless hours of training for United Airlines, there is a reason for this. At your destination, if you do not have a passport, visa or official documentation, guess who pays the price? The airlines. A) They have to fly you back home; B) They get fined heavily by the host country for allowing illegal entry; C) They risk losing landing rights if it happens on a regular basis.
That is the reason they check that you have a passport before you depart -- it affects the airline's bottom line in a big way if you don't and end up in Whadiya without any documentation.
Do people regularly get asked to see their passports by CBP on the way into Mexico? I've never once been asked to see my passport. Only been asked where I'm going, how long am I going to be there, how much cash I have, and what my job is in the US.
I have never been asked to show them my passport on the way out... I have been asked something like, "You have your passport, right?" which I have always simply taken as a reminder that I need it for re-entry...
Asking what your job is, is a first for me. Has anyone else been asked that?
I have been asked that several times. I have been asked how long I plan to be out of the country, and I have been asked if I have the boat registration with me (again I just take that as a reminder that I need it in case a Mexican official asks)
Im actually curious to the answer of this question too. I have a passport but have wondered about this myself. I was under the impression that if you're a citizen or were born in the country that they couldnt deny you re-entry into the US for any reason. I know they will give you shat for it but still let you in regardless. People have asked me if they can still go to Rocky Point without a passport and I tell them yes. I tell them ICE is going to scold you and give you the make sure you have it for next time deal but they will still let you in. This past Sunday the 29th a person in our group that came with us didnt have her passport because she hadnt received it in the mail yet but still came anyways. She rode back to AZ with me in my truck and when we pulled up she handed over the documentation stating she had purchased a passport and was waiting for it, had a picture ID (AZ drivers license) and social security card. The ICE agent was questioning her why she had gotten her passport from ASU and not the post office. Like seriously WTF does it matter where you purchased your passport?! I didnt get my passport from the post office, so why even ask that question, to put your nuts on someones face to let us know you have power?! Amirite?! Obviously everything was good and then for good measure the guy asks why I have two spare tires, one of which is mounted in the bed of my truck and is a full size 33...
Im actually curious to the answer of this question too. I have a passport but have wondered about this myself. I was under the impression that if you're a citizen or were born in the country that they couldnt deny you re-entry into the US for any reason. I know they will give you shat for it but still let you in regardless. People have asked me if they can still go to Rocky Point without a passport and I tell them yes. I tell them ICE is going to scold you and give you the make sure you have it for next time deal but they will still let you in. This past Sunday the 29th a person in our group that came with us didnt have her passport because she hadnt received it in the mail yet but still came anyways. She rode back to AZ with me in my truck and when we pulled up she handed over the documentation stating she had purchased a passport and was waiting for it, had a picture ID (AZ drivers license) and social security card. The ICE agent was questioning her why she had gotten her passport from ASU and not the post office. Like seriously WTF does it matter where you purchased your passport?! I didnt get my passport from the post office, so why even ask that question, to put your nuts on someones face to let us know you have power?! Amirite?! Obviously everything was good and then for good measure the guy asks why I have two spare tires, one of which is mounted in the bed of my truck and is a full size 33...
hahahaha....they love to act tough to the people who are legitimately trying to help them prove their citizenship.
Last time I came back, my buddy didn't have his passport. He had gone through the trouble to get an original birth cert, had his social security card, and his driver's license.
The US BP agent looks at it all, yells at him for no passport and then says, "Your birth cert and DL says you are from Kansas. We ain't in Kansas anymore son. Where's your passport? And do you even know where Kansas is??"
My friend can be quite the smartass, so he looks the agent in the eye and says, "Yeah. Buddy. Take your finger. And put a dot smack dab in the middle of the U. S. of F*cking A. You'll find Kansas there." LOL
So I thought my question was clear enough - heres the answer -
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Subject
I have been told that I cannot leave the United States by car without a passport...
Discussion Thread
Response (Mark)
05/10/2012 06:46 PM
Mexico allows US citizens to enter by land and travel within 25 miles of the border with a driver's license and birth or naturalization certificate, but you may be delayed for a short time when you return to the US if you do not have a passport, passport card, or other approved ID. If you are a citizen of another country you could be detained and formally removed if you do not have proof you are in the US legally. I hope this answer helps.
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Thanks for your effort but they really did not provide the information we need. They did not mention that there was such a requirement but they also did not say directly that NO the US does not require a passport to leave the country. Their response was about Mexico's requirements, not the US requirement. I think the question could have been more specific and even mention that ICE staff are telling people that they need a passport to leave the US.
Thanks for your effort but they really did not provide the information we need. They did not mention that there was such a requirement but they also did not say directly that NO the US does not require a passport to leave the country. Their response was about Mexico's requirements, not the US requirement. I think the question could have been more specific and even mention that ICE staff are telling people that they need a passport to leave the US.
Roberto look at the subject line from me. Here is the original question to them,
"I have been told that I cannot leave the United States by car without a passport. Is this true? Can CPB actually prevent me from traveling out of the USA? I know what applies to Airline and cruise ships, I am asking about land travel (non-commercial) into Mexico without the need of traveling back into the USA. "
I think my question was clear but they chose to dance around the subject. I will rephrase my question but I think somehow I will get the same answer
Mexico allows US citizens to enter by land and travel within 25 miles of the border with a driver's license and birth or naturalization certificate.
It seems clear that you can only travel within 25 miles of the border without proper papers, so the question more importantly is what could be the consequences of going farther into Mexico if the matter was pursued by the Mexican authorities?
Roberto look at the subject line from me. Here is the original question to them,
"I have been told that I cannot leave the United States by car without a passport. Is this true? Can CPB actually prevent me from traveling out of the USA? I know what applies to Airline and cruise ships, I am asking about land travel (non-commercial) into Mexico without the need of traveling back into the USA. "
I think my question was clear but they chose to dance around the subject. I will rephrase my question but I think somehow I will get the same answer
Well that is clear enough, it did not all appear in your initial posting.
Hey, why doesn't everyone just get the card passport and stick it in your wallet. No problems my friends!
P.S. The punishment for not having proper papers is you would have to tend bar at an Irish Pub on St.Patricks's Day for eternity! Smile!
Funny! This passport thing has scared away more American visitors than all the Fox News Peroxide Blondes scare stories about beheadings.People I know picture being turned back at the border...families separated...feral children left at on the mexican side forced to eat scaps of Sonoran Hotdogs and dance for colorful beads thrown there way by "friendly' older gentlemen
Great thread everyone! I have to agree with Jerry that the well advertised "you need a passport" policy has really put a squeeze on auto entry to Mexico and RP is auto only. A rather pathetic 28% of adult US citizens hold a passport last time I saw it in the travel press. I hazard to guess it is even lower in Arizona. All other modern countries have a higher percentage holding passports.
As for actual practice in light of people reporting crossing without one, I would never do it myself. Everyone traveling with me has a passport or card so I don't have any additional hassles when I cross. Going back to heading to Santo Tomas via Caborca, and permits, visas and bribes being mandatory I choose to never seek out trouble at the border or the aduana. I also had some ugly shake downs coming back to the US in the '70s. I just want to cross in peace now.
"Mexico allows US citizens to enter by land and travel within 25 miles of the border with a driver's license and birth or naturalization certificate"
............
Kenny said:
It seems clear that you can only travel within 25 miles of the border without proper papers, so the question more importantly is what could be the consequences of going farther into Mexico if the matter was pursued by the Mexican authorities?
So I see that no one whats to even give this some thought, or if did they had decided that, as Frank Zappa said," it can't happen here", and quickly put in out of there mind... When I mentioned it to Jerry, he talked "free zone", but apparently and according to the reply, it's only a free zone outside of 25 miles from the border if you have the proper papers.
............
So I see that no one whats to even give this some thought, or if did they had decided that, as Frank Zappa said," it can't happen here", and quickly put in out of there mind... When I mentioned it to Jerry, he talked "free zone", but apparently and according to the reply, it's only a free zone outside of 25 miles from the border if you have the proper papers.
The free zone refers to car paperwork it is a free zone in the State of Sonora for a tourist to travel freely, it does require that your personal papers are in order. fm2 fm3 fmm etc.
The free zone refers to car paperwork it is a free zone in the State of Sonora for a tourist to travel freely, it does require that your personal papers are in order. fm2 fm3 fmm etc.
Of course, but that's not my question. The state department said this (below) in their response. So one more time!
"Mexico allows US citizens to enter by land and travel within 25 miles of the border with a driver's license and birth or naturalization certificate"
............
AGAIN...So I see that no one whats to even give this (above) some thought, or if did they had decided that, as Frank Zappa said," it can't happen here", and quickly put in out of their minds.
Edit... What our state department says is that Mexico only "allows" Americans to go 25 mile's into Mexico if they only have a license and birth certificate.
Of course, but that's not my question. The state department said this (below) in their response. So one more time!
............
AGAIN...So I see that no one whats to even give this (above) some thought, or if did they had decided that, as Frank Zappa said," it can't happen here", and quickly put in out of their minds.
Edit... What our state department says is that Mexico only "allows" Americans to go 25 mile's into Mexico if they only have a license and birth certificate.
The point here is that I didnt ask the State department what Mexico allows, I asked the State department if they would stop me from entering Mexico without a passport, I never got an answer! I re-requested we will see
The point here is that I didnt ask the State department what Mexico allows, I asked the State department if they would stop me from entering Mexico without a passport, I never got an answer! I re-requested we will see
No you didn't Russ, but my point is that they did put that in their response, and you and everyone else chooses to ignore it; and that's my point!
What it says Russ is that if you come into Mexico with just a birth certificate and drivers license, Mexico only allows you to proceed 25 miles into Mexico, and no you didn't ask that, but so what? That was in the State Departments reply to your question, right?
Kenney, If you are floatin along without a car you can go anywhere you want in Mexico! The free zone refers to cars, not people. I did not disregard the language from CBP, I just
put it in the right box.
Kenney, If you are floatin along without a car you can go anywhere you want in Mexico! The free zone refers to cars, not people. I did not disregard the language from CBP, I just
put it in the right box.
So visitors outside of the free zone dont need these? I'll let Mexican immigration know they have been making a mistake for the last 50 years.Mexican Tourist Visa for Costa Alegre...www.costalegre.ca Its no longer called an FMT, but now its all computerized and the part in the article thats talks about losing it, is correct. They may not keep you but try and apply for another and you may not get it. Their record keeping is catching up with our immigrations record keeping. I realize it says by plane on that form, but you need them if on foot, by boat, by bus or train.
Kenney, If you are floatin along without a car you can go anywhere you want in Mexico! The free zone refers to cars, not people. I did not disregard the language from CBP, I just
put it in the right box.
The only Box you're putting it in is the ignore box, just like you do with anything that might cost you a buck regardless of the ethics involved.. I didn't say anything about the free zone, and neither did the State department! What they did say is
"Mexico allows US citizens to enter by land and travel within 25 miles of the border with a driver's license and birth or naturalization certificate".
Now if you can't address that simple statement from the State Department because it might raise some question's you don't want raised, well that's what you do, that's your S.O.P., then fine, don't. Maybe I should start a thread with (The state department says "Mexico allows US citizens to enter by land and travel within 25 miles of the border with a driver's license and birth or naturalization certificate", so be sure you have a passport if you going farther than 25 miles into Mexico.).. Now that quote is a accurate quote from the State department is it not? Now it doesn't matter if they were answering a question about entering with a passport or not, what matters is that they have made a very prevocative statement that could be either a new policy by Mexico, or one that's not being enforced; or something else entirely. On it's own though, it's not something that should be confused by anyone with any intelligent's at all with any free zone matters or concerns whatsoever.
The only Box you're putting it in is the ignore box, just like you do with anything that might cost you a buck regardless of the ethics involved.. I didn't say anything about the free zone, and neither did the State department! What they did say is Now if you can't address that simple statement from the State Department because it might raise some question's you don't want raised, well that's what you do, that's your S.O.P., then fine, don't. Maybe I should start a thread with (The state department says "Mexico allows US citizens to enter by land and travel within 25 miles of the border with a driver's license and birth or naturalization certificate", so be sure you have a passport if you going farther than 25 miles into Mexico.).. Now that quote is a accurate quote from the State department is it not? Now it doesn't matter if they were answering a question about entering with a passport or not, what matters is that they have made a very prevocative statement that could be either a new policy by Mexico, or one that's not being enforced; or something else entirely.
Something is wrong about they're statement about having a passport 25 miles inside Mexico. One of my kids and I took a friends boat from San Diego to Cabo San Lucas, he didn't have a passport, so we went to the Mexican Consulate in Phoenix, with his birth certificate, drivers license and asked for a tourist visa, which when Mexican customs and Immigration in Cabo boarded the boat and checked our papers, said everything was fine. I dont think a passport is necessary in Mexico, so long as you have the tourist visa, issued by Mexican Immigration.
Something is wrong about they're statement about having a passport 25 miles inside Mexico. One of my kids and I took a friends boat from San Diego to Cabo San Lucas, he didn't have a passport, so we went to the Mexican Consulate in Phoenix, with his birth certificate, drivers license and asked for a tourist visa, which when Mexican customs and Immigration in Cabo boarded the boat and checked our papers, said everything was fine. I dont think a passport is necessary in Mexico, so long as you have the tourist visa, issued by Mexican Immigration.
They didn't say anything except that quote, nothing about a tourist Visa, passports or anything else about it for that matter, except about your return. If it's true, since when, and what could be the ramifications of it if it is? It didn't say what you needed Bill, it said (the State Department) what the Mexican government supposedly said you could do if you just had alicense and birth certificate while you were in Mexico! "Mexico allows US citizens to enter by land and travel within 25 miles of the border with a driver's license and birth or naturalization certificate"
I know people go in regularly with just those documents and sometimes less, but where in the hell did the State Department come up with that? Now I know, as most of us do, that the State department is not the best run bureaucracy, but where did that come from, and why?
From the State Department..
Mexico allows US citizens to enter by land and travel within 25 miles of the border with a driver's license and birth or naturalization certificate, but you may be delayed for a short time when you return to the US if you do not have a passport, passport card, or other approved ID. If you are a citizen of another country you could be detained and formally removed if you do not have proof you are in the US legally. I hope this answer helps.
It may be just as Jim suspects, a rogue computer..LOL
Sorry... totally forgot about this thread!!! Hey thanks for all the info. I contacted the CBP a few weeks ago. Apparently "customer service" is a high priority over there right now... NOT! I spoke to one of the most abrasive incompetent jackbox agents ever. Anyways... let me paraphrase the conversation.
Me: "Can the CBP prohibit me from crossing into Mexico from the Unted States in Lukeville if I dont have a passport"?
Jackbox CBP Agent: (sigh...) "Sir, basically we can do whatever we want, whenever we want. We can change the rules on a moments notice."
So that I can have a nice relaxing ride back to Phx, I'll make an extra effort to carry my passport next time. You win Uncle Sam.
Sorry... totally forgot about this thread!!! Hey thanks for all the info. I contacted the CBP a few weeks ago. Apparently "customer service" is a high priority over there right now... NOT! I spoke to one of the most abrasive incompetent jackbox agents ever. Anyways... let me paraphrase the conversation.
Me: "Can the CBP prohibit me from crossing into Mexico from the Unted States in Lukeville if I dont have a passport"?
Jackbox CBP Agent: (sigh...) "Sir, basically we can do whatever we want, whenever we want. We can change the rules on a moments notice."
So that I can have a nice relaxing ride back to Phx, I'll make an extra effort to carry my passport next time. You win Uncle Sam.
This is an appropriate topic for the meetings with the US Consulate. Did you get a name or employee ID ?
Just get the passport card for $35.00 and keep it in your wallet. It's the same size as your drivers license and you should not have any more problems at the border. Border Agents are not the best trained people. They do not have to have any college education at all. Awhile back one of them asked me if I "had my visa" for going to Rocky Point. No training with this guy.
Last June or so, a young may gal border agent asked me coming back from RP in my motorhome .....
Am I bringing guns or over 10,000. bucks back in to the states!!!!
I said is that what they should say going out of the US side, when you guys stop to talk to us!
She had us pulled over and do a full homeland security shakedown, even x rayed the motorhome and went thru it with sniffer dogs and lasted about 1 1/2 hour or so!
You get idiots....and you get some really nice, professional BP agents.....maybe I've been lucky, but I haven't had any problems in the last year or so in either direction. The "rules" are well known as to what you "should" have when crossing.....some people just need to push the envelope. A smile with the right documents helps considerably (and those of you who know me personally know I'm not always the most "pleasant" individual!!! :rofl:). Yeah, the questions they ask as you're leaving can sound stupid...but why mouth off to the agent? How would you like to stand there all day asking the same stupid questions in the heat wearing body armor? If you have a complaint, complain to Homeland Security! That's where the orders come from.
Just be glad you're not dealing with TSA!!! Can you imagine how long the line would be leaving the US at Lukeville (or coming back)?
My favorite crossing into the US was when the ICE guy, a young black from Brooklyn that I had spoken to several times, leaned out of the booth looked me in the eye with a mean look and said 'I'm really pissed off at you'. Asked why he said ' You're sitting down listening to Bob Marley in air conditiong and I'm standing out here in the heat". We both got a good laugh.
My favorite crossing into the US was when the ICE guy, a young black from Brooklyn that I had spoken to several times, leaned out of the booth looked me in the eye with a mean look and said 'I'm really pissed off at you'. Asked why he said ' You're sitting down listening to Bob Marley in air conditiong and I'm standing out here in the heat". We both got a good laugh.
OK Roberto...along that line, during a recent trip down I asked the BP agent if there was anything more to Lukeville than just that station. He gave me a stern look and said, " Don't you realize this is the next Scottsdale."
We all had a great laugh and he said have fun and get going. They're not all idiots. Just a handful might be but isn't that the way it is everywhere. (Present company excluded, of couse.)
the one that got me was when they asked if we were bringing anything back from Mexico, my wife said just a couple of pots. The guy in a loud voice said "lady we don't say that word here" LOL
I love that black guy! I rolled up to the booth with my window down and he said, "does your Jeep have A/C and I said yes. He said, roll your window up and get out of here! LOL!