On February 22, 2017 Delta flight DL1583 arrived at New York JFK from San Francisco and passengers were greeted by U.S. Customs and Border Protection demanding to see ID from everyone getting off the aircraft. Apparently they were looking for an individual who had been ordered to be deported.
These are customs agents forcibly checking the ID of every passenger deplaning from Delta flight 1583 tonight at JFK. A domestic flight. pic.twitter.com/fHMgyzCjo5
— Britton Taylor (@brittontaylor) February 23, 2017
Customs and Border Protection agreed to remind their agents that it is not policy to check ID of deplaning domestic passengers. If their officers want to do so, then they must:
- Make clear compliance is voluntary
- Make it possible for passengers to deplane without complying
- Explain to passengers who ask that there will be “no law enforcement consequence” for non-compliance
- Ask the airline to announce that participation is voluntary
Copyright: andreyuu / 123RF Stock Photo
While the government has greater power within 100 miles of a border where two-thirds of the population lives there are both constitutional and statuatory limits and they’ve conceded that they lack the authority to stop people generally who are arriving on domestic flights and stopping individual passengers requires reasonable suspicion.