I want to read the exact law re: returning from Mexico by foot. Where is it?

[atomota]

I live in the BB region.  Recently a tourist stated that the law actually reads something like "when returning from Mexico that you must declare yourself to an authority immediately"  His take on it was ....go across, come back and declare yourself when and where convenient.  Could someone (Presidio, where are you?) please direct me to the exact verbiage and/or law concerning this matter?

[Casa Grande]

I live in the BB region.  Recently a tourist stated that the law actually reads something like "when returning from Mexico that you must declare yourself to an authority immediately"  His take on it was ....go across, come back and declare yourself when and where convenient.  Could someone (Presidio, where are you?) please direct me to the exact verbiage and/or law concerning this matter?

Haven't got the time to research the exact law, but I have heard from a Custom's Official that one can, for example, cross over into Mexico on Lake Amistad, but they are required to drive to the Del Rio customs office immediately.    Good question.

[homerboy2u]

I live in the BB region.  Recently a tourist stated that the law actually reads something like "when returning from Mexico that you must declare yourself to an authority immediately"  His take on it was ....go across, come back and declare yourself when and where convenient.  Could someone (Presidio, where are you?) please direct me to the exact verbiage and/or law concerning this matter?

Haven't got the time to research the exact law, but I have heard from a Custom's Official that one can, for example, cross over into Mexico on Lake Amistad, but they are required to drive to the Del Rio customs office immediately.    Good question.

 CG, I was in Lake Amistad a couple of weeks past. You have to put out,exactly on the same side where you put in. In other words: If you go out fishing in Lake Amistad and want to check out the main canyons (El Burro, El Caballo or El Soldado) located on the Mexican side you can do that,but you can not come out on The Tlaloc side,mexican beach if you went in El Diablo boat ramp per say.

 I too would like to read the law where it states what atomota says....

[SHANEA]

Can't find you the exact law, but I can get you as close as the ruling.

Can I cross the border via foot, vehicle, or air without visitng an official port of entry? from the DHS/CBP website.

also NPS GOV: Border Crossings

There may not be an exact law - it may strictly be an interpretation of the law - probably primarily buried within the vast confines of the broad sweeping powers of US Patriot Act or revisions thereof or the Intelligence Reform and Terrorism Prevention Act of 2004 or Western Hemisphere Travel Initiative.

This Act may be cited as the `Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001'.

[SHANEA]

Ya know, there are some reported members of this chat page that are employed by DHS/CBP within the Marfa Sector, perhaps they could steer you in the right direction...

You could also directly contact:

DHS/CBP Big Bend Sub-Station (BBP)

Marfa Sector (Texas)

[SHANEA]

Of course, if you did deep into this subject, you will find some "important differences" between crossing into Mexico and crossing into Canada - especially along the remote areas of the boundary waters.   

[SHANEA]

Lake Amistad, Texas Area

Port Of Entry-Del Rio/Amistad Dam

[SHANEA]

the Big Bend Gazette:  CBP Encourages Travelers to Apply Now For Approved Border Crossing Documents; Travelers are reminded June 1 implementation rapidly approaching

[SHANEA]

atomota, please be sure to let us know what you discover or uncover.
What is an atomota anyway?  (kit car?)

[Casa Grande]

What is an atomota anyway?  (kit car?)

My best guess is it's a Palindrome.  ATOmOTA

[SHANEA]

What is an atomota anyway?  (kit car?)

My best guess is it's a Palindrome.  ATOmOTA

Wow, I learned something new today on BBC!   

pal·in·drome  noun
word, number, sentence, or verse that reads the same backward or forward. The term derives from the Greek palin dromo ("running back again").
The most familiar palindromes, in English at least, are character-by-character: the written characters read the same backwards as forwards. Palindromic words exist, for example civic, level, rotator, rotor, kayak, and racecar.
Some people have names that are palindromes. Some changed their name in order to be a palindrome (one example is actor Robert Trebor), while others were given a palindromic name at birth (such as Neo-Nazi philologist Revilo Oliver and more than one man named Mike Kim)

[Alto Relex]

Hi guys, it's been awhile since I last posted but this topic really got my attention.  I am an immigration lawyer by day and although I've heard about the closing of the border crossings at BiBe for years, it never occurred to me to find the actual statute that would apply to CITIZENS to keep us from entering wherever we want.  Sitting here drinking my morning joe, I did a quick search through the immigration and nationality act and only found the provision applicable to aliens, Section 275.  I'll keep digging after I get to the office.



Sec. 275. [8 U.S.C. 1325]

(a) Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 6 months, or b oth, and, for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both.

(b) 1/ Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of-

(1) at least $50 and not more than $250 for each such entry (or attempted entry); or


(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.

Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

(c) An individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.

(d) Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, United States Code, or both.

[Alto Relex]

Alright, so with caffeine and curiousity coursing through my veins, I did a little more digging around.  There are two questions I was looking at:  What prevents a citizen from just crossing the Rio Grande within the park and coming back in; and is there a special requirement at Lake Amistad to report yourself to the authorities when you get back to land.

First, to the question of whether it's really illegal for a citizen to reenter Mexico from an unofficial crossing:  There is not a statute which specifically prevents entry of a citizen somewhere other than officially designated port of entry.  However as a practical matter this would not be a pleasant experience if you get caught.  To do its job, DHS has to presume that anybody entering the US from an unofficial crossing is up to no good and has every right to arrest them, detain them, search criminal records and all that fun stuff.  If I'm right in guessing that the Border Patrol doesn't want to encourage this, they will treat you to the whole ball of wax--right down to tossing you into the green van with the day's assortment of illegal entrants.   

If you forgot to bring your US passport with you or worse any ID at all, forget about convincing them you're a US citizen.  They have to presume alienage regardless of accent or appearance (even Billy Bob McYokel would be presumed to be an alien--maybe Canadian).   You then have the choice of getting deported back to Mexico or requesting a hearing before an immigration judge.  If they deport you back, I'm not sure where the dropoff point is from Presidio but nowhere you'd wanna be.  

If you choose the hearing you made the right call, but you'll be held in a detention center (like a jail with bunk beds and better food) until you post bond.  Once you prove citizenship, you're done.  Hopefully you aren't a dual national of the US and Mexico and try to enter without your US passport in which case a smart DHS attorney could have fun with you a while longer.  

As for Lake Amistad, since it straddles the US and Mexico, the lake is shared by both countries.  That raises all kinds of issues for DHS as you can surmise from all of the border patrol officers staked out along the lake.  If you enter from the US and return to the US you're cool.  But without ever having been to the Lake itself my guess is they have border patrol officers at the landing and they have a right to question whoever they want.  I think that's what the tourist may have meant by "declaring yourself to the authorities".  You definitely want to have proof of US citizenship with you.  No, your REI sunblock is not proof of US citizenship although it's a good clue. 

Don't mistake this for legal advice--we're just chatting--but as a fellow BiBer those are my two cents.

[bjbriggs]

Alto Relex, Thanks for the info......

[BorderDog]

http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=19&sec=1459

19 USC 1459

Section 1459. Reporting requirements for individuals

    (a) Individuals arriving other than by conveyance
      Except as otherwise authorized by the Secretary, individuals
    arriving in the United States other than by vessel, vehicle, or
    aircraft shall -
        (1) enter the United States only at a border crossing point
      designated by the Secretary; and
        (2) immediately -
          (A) report the arrival, and
          (B) present themselves, and all articles accompanying them
        for inspection;

      to the customs officer at the customs facility designated for
      that crossing point.