AAD Writes to Pompeo on the Harassment of American Diplomats at U.S.Borders

 

On July 13, 2020, the American Academy of Diplomacy (AAD) sent a formal letter to the Secretary of State regarding the issue of harassment of American Diplomats at U.S. border entry points. The letter was also furnished to the offices of the Deputy Secretary Stephen Biegun, the Under Secretary for Management Brian Bulatao, and the Director General of the Foreign Service Carol Perez.
Excerpt below:

We are writing to address one acute issue: the deeply troubling pattern in the mistreatment of Black, Hispanic and other minority officers crossing U.S. border/entry points.  By their own testimony, many State Department officers have endured regular and persistent discrimination and harassment by U.S. Customs and Border Patrol officers.  Problems include CBP officers not accepting standard diplomatic documents; placing Black and Hispanic officers in secondary examination without cause; and repeated hostile questioning and delays. This is made even more glaring when they travel with Caucasian colleagues who pass through with the same documentation. This pattern became so persistent that it reportedly led to the 2018 resignation of a Black officer posted to Mexico. In the June 11 issue of Foreign Policy Magazine, this officer reported raising the issue with supervisors and was met with relative indifference. Another officer reported problems and continued delays, even after being issued a letter by a supervisor explaining her official status.

Mistreatment of State Department personnel by U.S. CBP is not new. We have learned that such incidents have often disrupted the official travel of Black, Hispanic and other officers. While in the past, some incidents came to the attention of Department leadership, the continued reports, including from our most senior members, suggest that such mistreatment lives on and too often goes unaddressed. We hope you concur that any perception of tacit acceptance of such practices or indifference to the reports by Department officials or other Federal officials is unacceptable and warrants action.

We would like to suggest some steps to address and hopefully halt the mistreatment of Black and other minority staff, indeed all State Department staff, by law enforcement at border entry posts:

    • A Department-wide review, ordered by you, regarding the specific incidents reported by officers and consideration of measures that can be taken within State both to intervene immediately in such cases and ensure equal treatment at the border of all staff in Mexico and worldwide;
    • A review of the issue at a senior level with the Department of Homeland Security, specifically the U.S. Customs and Border Protection, to ensure such practices cease; and
    • Make clear to all Department employees that you regard such mistreatment as unacceptable, that you expect reported cases to be addressed overseas and domestically, as appropriate, and that you will follow up regularly with the Director General and relevant senior officials at State and other agencies.

The American Academy of Diplomacy strongly supports a diverse, inclusive, well-resourced, and high-impact State Department. Further progress toward this objective will require sustained effort at the most senior levels to ensure that all Department officers get the respect and dignity from US  law enforcement officials, which every American is entitled to at the border and international entry points, especially while on official duty. 

We are confident you share our concern regarding the debilitating effects on the morale of our Black,  Hispanic and other minority officers that this systemic discrimination from staff of another US Government agency has and that you undertake every effort to end it.

The AAD letter was signed by  Ambassador Thomas R. Pickering and Ambassador Ronald E. Neumann, the chairman and president respectively of the American Academy of Diplomacy.

ICE Says Student Visa Holders May Be Deported, @StateDept Whips Outs a Lipstick, Er … a Welcome Statement

 

 

Amb. Charles Ray: How U.S. Border Agents Mistreat Black American Diplomats

From Ambassador Charles Ray, Former U.S. Ambassador to Zimbabwe and Cambodia
Via WIDA/Diplomatic Diary:
The young woman asked why I was coming to Hawaii. “I’m attending a conference,” I answered. More questions followed: Where was I coming from? What kind of work did I do? Where was I born? This interrogation, which was far from over, is familiar to many visitors to the United States going through immigration every day.
This border agent at the Honolulu airport, however, was firing a barrage of questions at an American citizen holding a diplomatic passport with the notation, “The bearer of this passport is the U.S. ambassador to the Kingdom of Cambodia.” I had been a Foreign Service officer since 1982, and as an African-American, mistreatment by border agents was no novelty to me. Although I was welcomed home on many occasions, I also encountered disrespect and rudeness much too often. Still, I was completely unprepared for what came next in my interaction with the young woman in Hawaii. As she proceeded to stamp my passport, I inquired politely why she had asked so many questions whose answers she could see in the passport. “I just wanted to make sure you spoke English,” she said suspiciously and sent me on my way. No apology. No “Welcome home,” either.
Read in full here.

 

 

Inbox: Respect For Our Colleagues

We received the following from “Outrage Colleague”:
The recent outrage on an online forum about the harassment of our fellow diplomats at the border is too little too late.
|> Front offices and OFM of course are aware of the treatment by CBP and foreign governments of our non American born and non-white heritage colleagues. Little has been done, when actions been taken, teams move on and old habits return.
|> Expeditors used in multiple embassies and missions are a poor excuse for unwillingness to stand up to foreign governments to this treatment.
|> There is no EEO Channel for our colleagues to report these issues to. When they report them to Management the solution is often assignment of an expeditor or a security staff member or a call to a low level official. The treatment continues and the colleague is made to feel even more different. We continue to fund programs related to aviation, security, and justice in the host nation.
|> There has been démarches for LGBTI accreditation issues yet, I don’t recall seeing an instruction on this issue, not even once.
|> This is rampant in the Middle East, Europe, Africa, and WHA and it impacts people of color, people of Hispanic heritage, people of Arab descent, and women.  
Enough.

You ask, what is it like to be Black in America? A former @StateDept employee tells her story

Note: We’ve corrected the posts where she served. 

The following is a personal account of a former State Department employee who worked at the U.S. Consulate General in Ciudad Juarez in Mexico. Tianna S.  joined the State Department in April 2018. She was posted at the U.S. Consulate General in Ciudad Juarez, Mexico (Oct. 2018- March 2019) and then at the U.S. Embassy Mexico City (March 2019- October 2019). She departed post in October 2019, she was 27 years old.  Her departure from the State Department was apparently called an “involuntary separation.” 
Her account said she “was encouraged not to speak to the press about what I experienced and to steer clear of any lawsuit as it had the potential for serious repercussions against my government career.” 
Who provided that encouragement?
Which officials at the State Department or post were aware about these incidents? When she was placed on involuntary separation, did the Bureau of Global Talent Management (State/M/GTM) and DGHR Carol Perez care what precipitated it?
If not, why not?
If yes, what did State’s top talent officer do besides sign off Tianna’s separation documents?
Via What’s Up With Tianna (excerpted with permission). Read the entire piece hereWhat do I want from white people? (An illustration on Being Black in America).
Her piece started with the death of George Floyd:

Your heart will pound heavily as George repeats “I can’t breathe.”

He will die face down in the middle of the street. You will watch another unarmed Black man die on camera, in cold flesh, at the hands of a white police officer. When the video finally ends, a feeling deep in your soul will tell you that the white police officer will not go to jail. Before you press play, ask yourself, how many more?

At one point in her account, she writes,  “You ask, what is it like to be Black in America?” Then she tells us:

I drove my vehicle from my house in Mexico across the United States land border into El Paso, Texas at 2:30PM on Saturday, January 19, 2019. A United States Customs and Border Protection (CBP) official flagged me into secondary inspection, for what marked the 17th instance of further inspection since I arrived in Mexico on October 26, 2018. The official inquired if I was a U.S. citizen, motive of travel in the United States, reason of visit in Mexico, and if the car I was driving was stolen. I sat on a cold bench and endured further questioning. I showed my Diplomatic Passport, stating I worked at the U.S. Consulate General in Ciudad Juarez, and lived there.

“Sure you do,” he laughed.

He probed, asking more questions. A new official appeared and searched my car, tossing around the contents in my backseat and glove compartment. He took his left hand and rubbed it up and down my car windows.

“I’m going to meet my friend in El Paso,” I stated.

“When you talk to a man, you look at the ground. Do you understand me?” He glared at me, face full of disgust. The officers laughed. My shoulders tense.

May I speak to your manager please?” I asked.

The on-duty manager approached, crossing his arms, and asked, “what do you want?” I told him about my negative interaction with the previous officers. The manager laughed and asked the motive of travel into the U.S. I told him I was going to meet a friend for coffee and was asked why I needed to come to the U.S. to partake in that activity.

“I’m a U.S. citizen,” I reiterated.

When I told the manager that I worked for the U.S. Consulate General as a Foreign Service Consular Officer, he laughed, rolled his eyes, and said, “right.” Again, I presented my Diplomatic Passport, U.S. Passport, Mexican Carnet, and Global Entry Card. He laughed again and told me he did not need to look at my identification stating, “it could be counterfeit for all I know.”

Blood pumping. Small and humiliated. The manager never looked at my documentation, nor believed anything that I said, even with substantial proof. He went back in his office after obtaining my first and last name. Upon returning, he told me that I had only been pulled over to secondary about eight times so “why are you complaining?” I was bewildered and still am. I requested his name, only to be met with his reply of “I do not have to give you my name.” He later stated “you don’t need my first name.” His name was Officer Kireli.

When I reiterated that his account of the frequency of secondary inspection was incorrect, the manager scoffed, his team standing behind him almost mocking me.

Just because you say you work at the Consulate, does not mean that you are not smuggling drugs into the country,” he said. Extremely frustrated and irritated, I asked how in the world I would be able to get top secret security clearance to work for the United States Government.

The manager then told me, “I do not know, but I do know what drug dealers and smugglers look like.” When I asked him to explain, the manager stepped forward, attempting to intimidate me, crossed his arms, looked at me up and down, and said, “you know what I mean.” I was furious at his insinuation that I was a drug smuggler and his racially charged implication based off of my appearance. I demanded an apology from the manager for the disgusting and unjust defamation of my name and my character.

The CBP manager took another step forward to stand on top of the platform that the bench sits on, positioning him to be a couple inches taller than me. He placed his hand on his gun, finger around the trigger, and told me to get back in my car.

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Appropriations Committee Releases FY2018 DHS Bill, Includes $1.6 Billion For Border Wall

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Posted: 2:22 am ET
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On July 11, the House Appropriations Committee released its proposed fiscal year 2018 Department of Homeland Security (DHS) Appropriations bill, which will be considered by the subcommittee on July 12. The legislation directs $44.3 billion in discretionary funding for DHS, an increase of $1.9 billion above the fiscal year 2017 enacted level. The bill includes $1.6 billion for physical barrier construction along the U.S. southern border. It also includes $6.8 billion – the same as the President’s request – for disaster relief and emergency response activities through the Federal Emergency Management Agency (FEMA), according to the Committee’s statement.

The bill highlights include the following:

Customs and Border Protection (CBP)

The bill contains $13.8 billion in discretionary appropriations for CBP – an increase of $1.6 billion above the fiscal year 2017 enacted level. These resources ensure our borders are protected by putting boots on the ground, improving infrastructure and technology, and helping to stem the flow of illegal goods both into and out of the country. Within this total, the legislation includes:

  • $1.6 billion for physical barrier construction along the Southern border – including bollards and levee improvements – meeting the full White House request;
  • $100 million to hire 500 new Border Patrol agents;
  • $131 million for new border technology;
  • $106 million for new aircraft and sensors; and
  • $109 million for new, non-intrusive inspection equipment.

Immigration and Customs Enforcement (ICE) – The bill provides $7 billion for ICE –$619.7 million above the fiscal year 2017 enacted level. Within this total, the legislation includes:

  • $185.6 million to hire 1,000 additional law enforcement officers and 606 support staff;
  • $2 billion – an increase of $30 million above the requested level – for domestic and international investigations programs, including efforts to combat human trafficking, child exploitation, cybercrime, visa screening, and drug smuggling;
  • $4.4 billion for detention and removal programs, including:
  • 44,000 detention beds, an increase 4,676 beds over fiscal year 2017;
  • 129 Fugitive Operations teams; and
  • Criminal Alien Program operations, including the addition of 26 new communities to the 287(g) program, which partners with local law enforcement to process, arrest, and book illegal immigrants into state or local detention facilities.

Transportation Security Administration (TSA)

The bill includes $7.2 billion for TSA – a decrease of $159.8 million below the fiscal year 2017 enacted level. This includes full funding ($3.2 billion) for Transportation Security Officers, privatized screening operations, and passenger and baggage screening equipment, in order to speed processing and wait times for travelers and cargo. This also includes $151.8 million to hire, train, and deploy 1,047 canine teams to further expedite processing time.

Cybersecurity and Protection of Communications

To combat increasingly dangerous and numerous cyber-attacks, the bill includes a total of $1.8 billion for the National Protection and Programs Directorate to enhance critical infrastructure and prevent hacking.

Within this amount, $1.37 billion is provided to help secure civilian (.gov) networks, detect and prevent cyber-attacks and foreign espionage, and enhance and modernize emergency communications. Funds are also included to enhance emergency communications capabilities and to continue the modernization of the Biometric Identification System.

Citizenship and Immigration Services (CIS)

The legislation does not fund most CIS activities, as these are funded outside the appropriations process through the collection of fees However, the bill does contain $131 million for E-Verify, which is funded within CIS and helps companies ensure their employees may legally work in the United States.

SEC. 107 of the bill requires the following:

(a) Not later than 30 days after the date  of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives, the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives, a report for fiscal year 2017 on visa overstay data by country as required by section 1376 of title 8, United States Code: Provided, That the report on visa overstay data shall also include—

(1) overstays from all nonimmigrant visa categories under the immigration laws, delineated by each of the classes and sub-classes of such categories; and 

(2) numbers as well as rates of overstays for each class and sub-class of such nonimmigrant categories on a per country basis.

(b) The Secretary of Homeland Security shall publish on the Department’s website the metrics developed to measure the effectiveness of security between the ports of entry, including the methodology and data supporting the resulting measures. 

For the complete text of the FY 2018 Subcommittee Draft Homeland Security Appropriations bill, see: http://docs.house.gov/meetings/AP/AP15/20170712/106241/BILLS-115HR-SC-AP-FY2018-HSecurity-FY2018HomelandSecurityAppropriationsBill-SubcommitteeDraft.pdf

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Former UK Ambassador to Uzbekistan Refused Clearance to Enter the U.S. Via Visa Waiver Program

Posted: 2:24 am ET
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We’ve featured a quote from him here in 2009 (Quote: I’m actually a bad man who happens to have a limit…).  Craig Murray was the British Ambassador to Uzbekistan from August 2002 to October 2004 and Rector of the University of Dundee from 2007 to 2010.  If you don’t remember him, The Guardian’s 2004 piece, The envoy who said too much, would refresh your memory. Quick excerpt with some of his quotable lines:

“There is no point in having cocktail-party relationships with a fascist regime.” He says he advocates a new style of ambassadorship, one that is more down to earth and less stuffy. “You don’t have to be a pompous old fart to be an ambassador.”
[…]
“I joined the Foreign Office, not a monastery,” Murray explains. “I have no intention of living like a monk – not that I have anything against monks. It has been put to me that this is perhaps not what ambassadors do…”
[…]
At the Foreign Office there are some who feel Murray should have drawn a line under his battle with London, quietly returning to work, stiff upper lip intact. One FCO official suggested in his correspondence with Murray, that the ambassador should have just called the abuses “horrid”, sat down, and then toed the line. Murray replied: “As you may know I have a slight speech impediment and cannot call anything ‘howwid’.”

On September 5, the former ambassador writes in his blog that he has been refused entry clearance to the U.S. under the visa waiver program:

I have been refused entry clearance to the USA to chair the presentation of the Sam Adams Award to CIA torture whistleblower John Kiriakou and to speak at the World Beyond War conference in Washington DC. Like millions of British passport holders I have frequently visited the USA before and never been refused entry clearance under the visa waiver programme.
[…]
It is worth noting that despite the highly critical things I have published about Putin, about civil liberties in Russia and the annexation of the Crimea, I have never been refused entry to Russia. The only two countries that have ever refused me entry clearance are Uzbekistan and the USA. What does that tell you?
[…]
I have no criminal record, no connection to drugs or terrorism, have a return ticket, hotel booking and sufficient funds. I have a passport from a visa waiver country and have visited the USA frquently before during 38 years and never overstayed.

Below from US Embassy London’s Visa Waiver page:

Citizens of the United Kingdom, Andorra, Australia, Austria, Belgium Brunei, Chile, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein,Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, Republic of Korea, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland and Taiwan (passport must have been issued on or after December 29, 2008 and contain a National ID number) holding a valid, full validity e-passport with an electronic chip who are traveling 

  • for business, pleasure or transit for less than 90 days. Visa-free travel does not include those who plan to study, work or remain in the United States for more than 90 days;
  • are not ineligible to receive a visa under U.S. visa law. Travelers who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP are not eligible to travel visa free under the Visa Waiver Program.

Plus, if entering the United States by air or sea are:

    • holding a return or onward ticket. If traveling on an electronic ticket, a copy of the itinerary must be carried for presentation to U.S. immigration at the port of entry. Note: Travelers with onward tickets terminating in Mexico, Canada, Bermuda or the Caribbean Islands must be legal permanent residents of these areas;
    • entering the United States aboard an air or sea carrier that has agreed to participate in the program. This includes aircraft of a U.S. corporation that has entered into an agreement with the Department of Homeland Security to carry passengers under the Visa Waiver Program. Note: Other private or official aircraft or vessels do not meet this requirement; and
    • have received travel authorization under ESTA;

 

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DHS Proposes Collection of Social Media Identifier For U.S. Visitors

Posted: 2:20 am ET
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Via the Federal Register:

On December 18, 2015, the President signed into law the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 as part of the Consolidated Appropriations Act of 2016. To meet the requirements of this new Act, DHS strengthened the security of the VWP by enhancing the ESTA application and Form I-94W. In two recent emergency submissions under the Paperwork Reduction Act, additional questions were added to ESTA and to Form I-94W that request information from applicants about countries to which they have traveled on or after March 1, 2011; countries of which they are citizens/nationals; countries for which they hold passports; and Global Entry Numbers.

DHS proposes to add the following question to ESTA and to Form I-94W:

“Please enter information associated with your online presence—Provider/Platform—Social media identifier.” It will be an optional data field to request social media identifiers to be used for vetting purposes, as well as applicant contact information. Collecting social media data will enhance the existing investigative process and provide DHS greater clarity and visibility to possible nefarious activity and connections by providing an additional tool set which analysts and investigators may use to better analyze and investigate the case.

The information collection is optional under the proposed rule.  DHS estimates that there will be over 32 million travelers who will be  Electronic System for Travel Authorization (ESTA) respondents and nonimmigrant visa respondents entering the United States and filling out the I-94 Arrival and Departure forms.

The question we have is 1) Will the baddies be dumb enough to provide their social media identifiers if they have nefarious intent during their travels? 2) Does DHS have a system that combs through this huge haystack to find a a few needles?

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US Implements Visa Waiver Restrictions For Dual Nationals From Iran, Iraq, Sudan, and Syria

Posted: 6:09 pm EDT
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The ‘‘Consolidated Appropriations Act, 2016’’ which became Public Law No: 114-113 on December 18, 2015 includes a provision for “terrorist travel prevention and visa waiver program” officially called the ‘‘Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015’’.  The new law which affects dual nationals from WVP countries and Iran, Iraq, Sudan and Syria includes a waiver to be be exercised by the DHS secretary.  The new law also requires the Secretary of Homeland Security to submit to the Committee on Homeland Security, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate a report on each instance in which the Secretary exercised the waiver authority during the previous year.

On January 21, the State Department announced the implementation of the changes to the Visa Waiver Program. Below is the announcement:

The United States today began implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act). U.S. Customs and Border Protection (CBP) welcomes more than a million passengers arriving to the United States every day and is committed to facilitating legitimate travel while maintaining the highest standards of security and border protection. Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the United States under the Visa Waiver Program (VWP):

  • Nationals of VWP countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country).
  • Nationals of VWP countries who are also nationals of Iran, Iraq, Sudan, or Syria.

These individuals will still be able to apply for a visa using the regular immigration process at our embassies or consulates. For those who need a U.S. visa for urgent business, medical, or humanitarian travel to the United States, U.S. embassies and consulates stand ready to process applications on an expedited basis.

Beginning January 21, 2016, travelers who currently have valid Electronic System for Travel Authorizations (ESTAs) and who have previously indicated holding dual nationality with one of the four countries listed above on their ESTA applications will have their current ESTAs revoked.

Under the new law, the Secretary of Homeland Security may waive these restrictions if he determines that such a waiver is in the law enforcement or national security interests of the United States. Such waivers will be granted only on a case-by-case basis. As a general matter, categories of travelers who may be eligible for a waiver include:

  • Individuals who traveled to Iran, Iraq, Sudan or Syria on behalf of international organizations, regional organizations, and sub-national governments on official duty;
  • Individuals who traveled to Iran, Iraq, Sudan or Syria on behalf of a humanitarian NGO on official duty;
  • Individuals who traveled to Iran, Iraq, Sudan or Syria as a journalist for reporting purposes;
  • Individuals who traveled to Iran for legitimate business-related purposes following the conclusion of the Joint Comprehensive Plan of Action (July 14, 2015); and
  • Individuals who have traveled to Iraq for legitimate business-related purposes.

Again, whether ESTA applicants will receive a waiver will be determined on a case-by-case basis, consistent with the terms of the law. In addition, we will continue to explore whether and how the waivers can be used for dual nationals of Iraq, Syria, Iran and Sudan.

Any traveler who receives notification that they are no longer eligible to travel under the VWP are still eligible to travel to the United States with a valid nonimmigrant visa issued by a U.S. embassy or consulate. Such travelers will be required to appear for an interview and obtain a visa in their passports at a U.S. embassy or consulate before traveling to the United States.

The new law does not ban travel to the United States, or admission into the United States, and the great majority of VWP travelers will not be affected by the legislation.

An updated ESTA application with additional questions is scheduled to be released in late February 2016 to address exceptions for diplomatic- and military-related travel provided for in the Act.

Information on visa applications can be found at travel.state.gov.

Current ESTA holders are encouraged to check their ESTA status prior to travel on CBP’s website at esta.cbp.dhs.gov.

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A couple days ago ….

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Photo of the Day: Ambassador Barzun Visits Global Entry Sign-Up Booth at Google UK

Posted: 12:02 pm EDT
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Via US Embassy London/FB:

23528561881_b5a392b3b6_z

Ambassador Barzun visits the Global Entry Sign-Up Booth at Google UK

Global Entry is a U.S. Customs and Border Protection program that allows expedited clearance for pre-approved, low-risk travelers upon arrival in the U.S. Members can enter the country through the automatic kiosks at airports. Membership also includes TSA Pre✓® which provides trusted travelers with expedited security screening so travelers do not need to remove shoes, laptops, liquids, belts and light jackets. More details can be found here.

 

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