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       #1  

    Arriving at CBP when returning to the USA

    A subject that has created a lot of discussion and contradicting points of view is whether you can deplane if a CBP officer is not present when you arrive at the CBP station at your airport of re-entry into the USA. In practice, there is a wide range of procedures that range from ”you cannot even open the door” to “hop out and go right on in”. At some airports, CBP has posted signs telling pilots what to do, at other airports there is absolutely nothing. I know of cases where travelers had to spend almost 3 hours waiting for CBP to show up to free them from their aircraft.

    CBP has now clarified what pilots and passengers are required to do when they arrive at a CBP inspection point (attached). Basically, there is no regulatory basis requiring pilots and travelers to remain onboard an arriving aircraft awaiting formal or direct permission to deplane. However, we are also expected to exercise reasonable and responsible judgement while remaining in the immediate area of the aircraft. I would NOT go inside the FBO nor comingle with other persons on the ramp. I would also NOT remove luggage, cargo, etc. from the aircraft unless there is a valid reason to do so that is safety related. Even then, I would do everything possible to keep those items in an isolated area where nobody else has access to it. Remember, we have not legally reentered the USA.

    My personal strategy is to try and abide by whatever expectations exist from the local CBP port as long as it does not subject myself or my passengers to unpleasant, or unsafe, conditions. I would use the attached CBP document as a defense if any CBP officer were to tell you that having deplaned the aircraft is unlawful as clearly it isn’t. However, bear in mind that there are many other ways that a CBP officer can make our arrival unpleasant so I would not use this information to goad them on.

    Let’s be respectful, abide by the law, follow their instructions but hold our ground if an officer oversteps their lawful authority.

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