United States Border Preclearance

United States Border Preclearance

The United States operates border preclearance facilities at a number of ports and airports in foreign countries. They are staffed and operated by U.S. Customs and Border Protection officers. Travelers pass through Immigration and Customs, Public Health, and Department of Agriculture inspections before boarding their aircraft, ship or train. US officials state that this process is supposedly intended to streamline border procedures, to reduce congestion at ports of entry, and to facilitate travel between the preclearance location and some U.S. airports that may not be equipped to handle international travellers. However, the US and other countries who engage in the practice have been accused of being motivated also by the desire to prevent the arrival of asylum seekers, who are protected under the 1951 Refugee Convention's non-refoulement provisions once they arrive at their destination.

Preclearance exists at most major Canadian airports, theoretically enabling more convenient travel from those cities to the U.S. Arrangements also exist with some airports in Bermuda, The Bahamas, Aruba and at two airports in Ireland. In Canada, U.S. Border Preclearance is also known by its French name, précontrôle. When travelers from a preclearance port arrive in the U.S. they do so as domestic travelers (pre-cleared flights are always subject to reinspection at the discretion of Customs and Border Protection). This is particularly beneficial to those who have an ongoing connection (such as a connecting flight), as there is no risk of border delays causing them to miss their connection. (A corresponding drawback, however, is that a delay in preclearance could cause the passenger to miss the outbound flight.) Air travelers with further connections have their baggage checked through to their destination; without preclearance the baggage would have to be collected prior to customs inspection and then checked in for the subsequent flight.

Preclearance provides considerable flexibility to the airlines operating in those routes where such program is available. For example, major U.S airlines and their subsidiaries routinely operate many daily flights from locations like Toronto or Nassau to New York City. Thanks to the presence of preclearance facilities in Toronto and Nassau, the airlines can conveniently direct their flights from these locations to land at LaGuardia Airport, rather than the much larger and busier John F. Kennedy International Airport. This allows them to save the valuable space at JFK for their other international arrivals.

However, with the notable exceptions of LaGuardia Airport and Ronald Reagan Washington National Airport, many more US airports now have customs facilities compared to when the preclearance program first started in 1952. The waits at some busy preclearance facilities, notably Toronto Pearson, can also often exceed the waiting times of non-precleared flights at the destination and cause significant delays to departure schedules. Reduced staffing levels by US Customs and Border Protection have been blamed by airport authorities, whose pleas have been answered with deferrals due to domestic priorities. NEXUS and similar programs are now being explored and expanded as a means to try to restore some of the original convenience to the preclearance process.

Preclearance applies to both U.S. citizens as well as citizens of most other countries who travel to the U.S. As the U.S. requires those in transit through the U.S. to pass through U.S. immigration (unlike many other countries, which permit airside transfers), preclearance also applies to transit passengers.

These facilities exist because of agreements made between the federal government of the United States and the government of the host country. Travelers who have passed through the U.S. government checks, but whose flight or ship has not departed, remain in the legal jurisdiction of the host country. U.S. officials may question and search travelers with the passenger's permission, but they do not have powers of arrest (either for customs or immigration violations, or for the execution of outstanding warrants), although they can deny boarding. Local criminal laws apply, and are enforced by local officials. Some countries have laws in place specifically to cover preclearance issues. Since CBP does not have legal powers on foreign soil, passengers can only be detained for local laws by local authorities. A passenger can choose to abandon their flight and refuse search, and unlike in the United States, officers cannot search them. Most preclearance facilities have a sign explaining this.