Trouble at US border

This was sent to the Executive Director, Border Security and Facilitation, US Customs and Border Protection in Washington, DC and copied to The Royal Gazette

May 25, 2009

Dear Sir,

On April 30 2009, I flew from Bermuda to Boston, Massachusetts on Delta Airlines, going through US Customs and Immigration at L.F. Wade International Airport, Bermuda. I was asked how long I would be in the United States and informed the officer about 24 hours because I was flying to St. Thomas the next day, to sail a private yacht from Tortola to Bermuda and then on to Portsmouth, Rhode Island. I had a return ticket booked on Delta airlines for Monday May 25 to fly from Boston, Massachusetts to Bermuda.

We arrived in Portsmouth on May 14, 2009 and the skipper of the SY Mantra, called the Customs and Immigration authorities to obtain clearance. (This is about the 14th time I have sailed into the United States from Bermuda, clearing in Portsmouth, Portland Maine, or Falmouth, Maine). Whilst the officers were very polite and professional, I was told (having checked with their supervisors) I did not have the correct paper work because I had not arrived on a Signatory carrier. I was given two choices:

1. Be escorted to Logan airport and be placed on the next flight to Bermuda, or

2. Pay a visa waiver fine of $545 in cash. (No credit card or other form of payment being acceptable.)

Officer Trevino was not quite sure how the situation should be resolved, and at first said I could enter the United States because of being Bermudian. However, he checked with his supervisor, Mr. Stroh, who informed him that it was one of the above two options. I asked if I could call the US Consulate in Bermuda, and was told I could not make any telephone calls until the officers had departed! Even a felon can make one telephone call to his lawyer before being charged!

I am a British National, born in Wales and have lived in Bermuda since 1961. I obtained Bermuda status in 1968 and Bermuda is my permanent residence. My passport if stamped by the Passport Office in Bermuda, with the stamp "Holder is registered as a Bermudian". In January 2009, I applied to the US Consulate for ESTA waiver, application number R6937WR7X74SVSTH, Expiration date 23/12/2010. I had also completed an I-94W Non-Immigrant Visa Waiver.

I was under the impression that Bermuda had a special relationship with the United States of America, but this does not appear to be the case. I am concerned that with the number of yachts going to and from Bermuda with such races as the Marion to Bermuda race this year and the Newport to Bermuda race every other year, that Bermudians arriving by sea, will find themselves in a similar situation to what I encountered. I was very fortunate insofar that the skipper of Mantra was able to help me gather $545. Normally one does not carry that amount of money when sailing.

As stated in the first paragraph, the US Immigration officials at L.F. Wade International Airport were fully informed of my travel plans. Any policy changes which have come into effect in the past year would have been brought to my attention and I could have been given the opportunity to take the necessary steps to facilitate my entry into the United States of America.

Is there any recourse for me and if so, how can I make a claim for the refund of this $545 fine imposed in the I-93?

ANTONY SIESE, FBCO

City of Hamilton