BajaNomad

SENTRI office using Gestapo tactics - again

bajalearner - 6-23-2014 at 03:53 PM

Last month I wrote a post that I completed my legal residence change, voter and car registration to S. Dakota. Last week I went to an appointment at SENTRI Otay to make an address change as required by SENTRI. I thought about not going there but decided to obey the requirement to make an address change so SENTRI could not use that against me in the future.

There, I met CBP officer Aceveda who reviewed my address change info and informed me he would not change my address to S. Dakota because it is illegal and I would be cheating CA out of tax money. I told him I am not a CA resident, not required to be a CA resident and I am a S. Dakota resident. He asked where I live and I said I am currently staying in Tijuana but my home of record it S. Dakota. He asked if I drive on CA roads and I said of course I do that’s how I got here today. He told me because I drive on CA roads I am required to pay CA registration. Obviously a uninformed statement.

Aceveda told me my SENTRI will be revoked in 30 days and told me that gives me time to re-register my car in CA or Mexico. I said little more because I to saw he would not listen to reality and I didn’t pursue the argument. He asked what I want to do today and I said I want to make the required address change to which he responded he would not change my address to S. Dakota. He also said I could make an appointment to see a supervisor but he has seen the supervisors revoke other people for the same issue. Aceveda asked me if I really want to have to spend 3 or 4 hours each time I cross the border. Meaning he is threatening me with the punishment unless I register in CA.

I left his office and wrote this information and a request to intervene to Federal Senator Thune of S. Dakota. I know the SENTRI office is illegally punishing me for their personal feelings against registering as a S. Dakota resident. I can live without SENTRI but certainly object to losing the program based on the Gestapo illegally revoking me from it.

I will post any when I hear more.

DocRey - 6-23-2014 at 04:10 PM

TSA with guns. IMHO.:fire:

durrelllrobert - 6-23-2014 at 04:29 PM

And you paid extra for that privilege. They only treat TRUSTED travelers (or is it stupid travelers?) that way. Anyone can drive any vehicle with any registration and carrying anything (legal) in it through all the regular and Ready Pass lanes that are reserved for us non-trusted travelers :tumble:

SFandH - 6-23-2014 at 04:46 PM

He also said I could make an appointment to see a supervisor

Do it. You have nothing to lose and it might work out.

San Diego CBP

bajaguy - 6-23-2014 at 04:51 PM

Here is the Port Director:

http://www.cbp.gov/newsroom/local-media-release/2012-11-05-0...

Also the San Diego PIO
Press Office
Angela De Cima
Phone: (619) 744-5292
Email: angelica.d.decima@cbp.dhs.gov
Field Office
San Diego
Address:
610 W. Ash St
Suite 1200
San Diego, CA 92101

You should also send letters to your (SD) US Senators and members of Congress.....with copies to the CBP Port Director/PIO..............

Nothing gets action like a letter from Washington

bajaguy - 6-23-2014 at 04:56 PM

Quote:
Originally posted by bajalearner
Last month I wrote a post that I completed my legal residence change, voter and car registration to S. Dakota. Last week I went to an appointment at SENTRI Otay to make an address change as required by SENTRI. I thought about not going there but decided to obey the requirement to make an address change so SENTRI could not use that against me in the future.

There, I met CBP officer Aceveda who reviewed my address change info and informed me he would not change my address to S. Dakota because it is illegal and I would be cheating CA out of tax money. I told him I am not a CA resident, not required to be a CA resident and I am a S. Dakota resident. He asked where I live and I said I am currently staying in Tijuana but my home of record it S. Dakota. He asked if I drive on CA roads and I said of course I do that’s how I got here today. He told me because I drive on CA roads I am required to pay CA registration. Obviously a uninformed statement.

Aceveda told me my SENTRI will be revoked in 30 days and told me that gives me time to re-register my car in CA or Mexico. I said little more because I to saw he would not listen to reality and I didn’t pursue the argument. He asked what I want to do today and I said I want to make the required address change to which he responded he would not change my address to S. Dakota. He also said I could make an appointment to see a supervisor but he has seen the supervisors revoke other people for the same issue. Aceveda asked me if I really want to have to spend 3 or 4 hours each time I cross the border. Meaning he is threatening me with the punishment unless I register in CA.

I left his office and wrote this information and a request to intervene to Federal Senator Thune of S. Dakota. I know the SENTRI office is illegally punishing me for their personal feelings against registering as a S. Dakota resident. I can live without SENTRI but certainly object to losing the program based on the Gestapo illegally revoking me from it.

I will post any when I hear more.





So, with that logic, anyone who has a valid drivers license, a valid vehicle registration and is a legal resident of another state cannot drive on California highways???

bajabound2005 - 6-23-2014 at 06:42 PM

CBP has NO AUTHORITY to enforce California registration...anyone driving THROUGH Calif is driving on Calif roads but that doesn't mean they have to register their vehicles. there. PLUS, we are not residents of Calif, which, i believe is requirement to get a Calif license....

bajaguy - 6-23-2014 at 06:54 PM

Quote:
Originally posted by bajabound2005
CBP has NO AUTHORITY to enforce California registration...anyone driving THROUGH Calif is driving on Calif roads but that doesn't mean they have to register their vehicles. there. PLUS, we are not residents of Calif, which, i believe is requirement to get a Calif license....





CBP enforces California's 1 liter of alcohol requirement.......

Nonresident Privileges/Reciprocity

bajaguy - 6-23-2014 at 07:00 PM

* A nonresident owner of a vehicle may operate, or permit operation of, a vehicle in California without obtaining California registration if the vehicle is registered in the owner’s place of residence and displays valid license plates issued by that state.

https://www.dmv.ca.gov/pubs/reg_hdbk/ch12/ch12_5.htm

danaeb - 6-23-2014 at 07:10 PM

Are you an actual resident of South Dakota or a paper resident? I think the CBP/DHS has fairly sophisticated intel that they use to screen SENTRI applicants/cardholders and I'm sure they're not unfamiliar with the South Dakota registration scheme.

[Edited on 6-24-2014 by danaeb]

bajalearner - 6-23-2014 at 07:20 PM

Quote:
Originally posted by danaeb
Are you an actual resident of South Dakota or a paper resident? I think the CBP/DHS has fairly sophisticated intel that they use to screen SENTRI applicants/cardholders and I'm sure they're not unfamiliar with the South Dakota registration scheme.

[Edited on 6-24-2014 by danaeb]


I am a legal resident of S. Dakota. I signed an affidavit with S. Dakota that I am claiming residency and I am claiming "nomad" classification which means I travel and I am not living in S. Dakota. If in 5 years when my DL will expire, I will be required to again spend one night in SD to renew my DL and residency. S. Dakota law.

danaeb - 6-23-2014 at 07:30 PM

Good luck to you then. We'll look forward to the decision to see if federal reg's trump state reg's.

bajaguy - 6-23-2014 at 07:42 PM

I would think a SD voter's registration card and a copy of Federal 1040 tax form filed showing a SD address would be all you need to prove residency

bajalearner - 6-23-2014 at 07:52 PM

Quote:
Originally posted by SFandH
He also said I could make an appointment to see a supervisor

Do it. You have nothing to lose and it might work out.


I have tried this. Actually a person does have things to lose. 1 year ago I went to an appointment at Otay SENTRI to add my motorcycle to my account. I happened to get the same Officer Aceveda (same as the other day) at the counter who had reviewed my file prior to me going to the counter. It is a long story but Aceveda told me my SENTRI is being suspended for 30 days because I had 3 previous incidents. I asked what the 3 things were and he said he did not have time to go into it.

In my words; 1st was back when I was new to crossing in and out of MX, I did not have SENTRI (honestly I did not even know what SENTRI was) and was leaving MX and I got in the SENTRI lane by mistake and the ofcr at the booth sent me to secondary and notes were made. OK, the 2nd, I was sent randomly to secondary one day and the ofcr found 6 empty crumpled aluminum cans in a trash bag in my car and again made notes. 3rd was an encounter with a female booth ofcr who said I was noncompliant because I let my car drift beyond the limit line at her booth. She sent me secondary and told her supervisor to revoke my SENTRI. I told the sup my side and he said it is draw, I will keep my SENTRI and no further action required.

So back at the appointment, I was astonished and Aceveda was combative with me and refused to tell me why my card was suspended and I could make an appointment with a sup. I saw a sup at the reception counter and went there and asked the receptionist if I could talk to a sup loud enough that he heard me and said he would talk. I told him I didn't know what happened. He told me he was the one who told Aceveda to suspend me and said the 3 incidents were cause to revoke but the previous SENTRI sup who preceded this guy reviewed my file and decided no action was needed. I told him the incident with the female officer was reviewed by a sup at SY and was deemed unfounded. He said this is his office and he decides what he wants. Double jeopardy I think? Triple jeopardy after the previous SENTRI sup reviewed my file. Also, even though my card was only being suspended and automatically restored in 30 days, my app to add my motorcycle was denied by Aceveda and I lost about 40 bucks.

So yes, a person does have something to lose when a sup looks at a person. Gestapo in my opinion.

By the way, when the incident with the female occurred, I wrote a 2 page complaint against her, mailed it to CBP internal affairs and as of 2 years now, I have not heard a word from them. They are not reviewed, overseen or watched apparently. This is why I call them the Gestapo.

bajalearner - 6-23-2014 at 07:56 PM

Quote:
Originally posted by bajaguy
I would think a SD voter's registration card and a copy of Federal 1040 tax form filed showing a SD address would be all you need to prove residency


By State law that is correct along with the fact that I have a SD DL, and "claim" residency there. This is why I think Aceveda and the Gestapo office he works in is wrong. Hopefully this Senator is on the ball and willing to look into this. If not, I will try the other elected officials from SD.

tjsue - 6-23-2014 at 08:52 PM

I recommend going to the SY Sentri office. There are only three officers there, and there's none of the BS like at Otay. If I had gone to Otay for my interview, my Sentri would have been denied again.

By going to the SY office, the officer was able to take his time, and ask me questions regarding my income that wouldn't have been asked if I had gone to Otay. I still had to go to Otay to get my van inspected, but the Sentri had already been approved.

Pescador - 6-24-2014 at 06:29 AM

Boy, Tecate keeps looking better and better all the time, doesn't it?

bajalearner - 6-24-2014 at 08:33 AM

Quote:
Originally posted by Pescador
Boy, Tecate keeps looking better and better all the time, doesn't it?


I don't understand. Tecate doesn't have a SENTRI office or do they?

dasubergeek - 6-24-2014 at 09:54 AM

I think Pescador means that unless it's Sunday afternoon, Tecate is usually as fast as SY or Otay SENTRI.

BajaBlanca - 6-24-2014 at 10:21 AM

wow, what a horror story.

sancho - 6-24-2014 at 11:25 AM

While not exactly the same, but along the same lines,
Calif DMV has had a long problem, the way they see it, with large new Motorhomes being registered in Montana under a paper
Corporation, then based in Ca., and driven in Ca. by the
owner who resides in Ca., but avoids fees and sales tax

bajalearner - 6-24-2014 at 06:20 PM

I received a response today from SD Senator Thune's office about my request for him to review my contact and accusation of the SENTRI illegally revoking my SENTRI because I am a SD resident.

First I was happy to get a timely response (I emailed him 3 days ago) and second, his rep says it looks like I was given unacceptable response by CBP otay. They are contacting their CBP rep in DC.

Now I will see of the CBP in DC operates a Gestapo operation as does SENTRI Otay. I doubt it and have hopes they will clear up my problem and I would like them to fire some people in Otay SENTRI. Fire a government employee yeah right.

bajalearner - 6-25-2014 at 09:46 AM

Quote:
CBP enforces California's 1 liter of alcohol requirement.......


I assumed that limitation was a Customs statute (federal)

bajaguy - 6-25-2014 at 09:53 AM

Quote:
Quote:
Originally posted by bajalearner
CBP enforces California's 1 liter of alcohol requirement.......


I assumed that limitation was a Customs statute (federal)





Nope, it's California

Fed regulations state that you can bring in "an amount" for personal use/consumption.....any more and you pay duty.

Having any other state DL/Veh registration than California you can escape the 1 liter requirement........Have done it a few times with my Nevada resident status........although the decision rests with the CBP booth agent.

........."Please be aware that State ABC laws govern how much alcohol a person may import into their state without a license and those laws are enforced by CBP. You must check with the state ABC board where your shipment will enter the country to determine their limits.

There is no federal limit on the amount of alcohol someone may import into the U.S. for personal use, however, large quantities might raise the suspicion that the importation is for commercial purposes, and a CBP Officer could require you to obtain an Alcohol and Tobacco Tax and Trade Bureau (TTB) import license before releasing it.........."

https://help.cbp.gov/app/answers/detail/a_id/212/~/requireme...

dasubergeek - 6-25-2014 at 10:00 AM

Quote:
Quote:
Originally posted by bajalearner
CBP enforces California's 1 liter of alcohol requirement.......


I assumed that limitation was a Customs statute (federal)


No. Texas allows 4 litres. Arizona just switches to 1 litre as well since so many people were coming through SLRC and then going into California.

And if you fly you can bring for personal consumption, which is generally set at 12 litres.

Mexitron - 6-25-2014 at 10:21 AM

Quote:
Quote:
Originally posted by dasubergeek
Quote:
Originally posted by bajalearner
CBP enforces California's 1 liter of alcohol requirement.......


I assumed that limitation was a Customs statute (federal)


No. Texas allows 4 litres. Arizona just switches to 1 litre as well since so many people were coming through SLRC and then going into California.

And if you fly you can bring for personal consumption, which is generally set at 12 litres.


Yes, Texas allows 4 liters but you have to pay a $3 import fee on each bottle. Not sure how that works, if you have to pull over and go through some kind of paperwork/processing. Seems hardly worth it since alcohol isn't much cheaper in Mex anymore. Anyone here crossed the border into Texas from Mexico?

durrelllrobert - 6-25-2014 at 11:43 AM

Quote:
Quote:
Originally posted by bajaguy
Quote:
Originally posted by bajalearner
CBP enforces California's 1 liter of alcohol requirement.......


I assumed that limitation was a Customs statute (federal)





Nope, it's California

Fed regulations state that you can bring in "an amount" for personal use/consumption.....any more and you pay duty.

Having any other state DL/Veh registration than California you can escape the 1 liter requirement........Have done it a few times with my Nevada resident status........although the decision rests with the CBP booth agent.

........."Please be aware that State ABC laws govern how much alcohol a person may import into their state without a license and those laws are enforced by CBP. You must check with the state ABC board where your shipment will enter the country to determine their limits.

There is no federal limit on the amount of alcohol someone may import into the U.S. for personal use, however, large quantities might raise the suspicion that the importation is for commercial purposes, and a CBP Officer could require you to obtain an Alcohol and Tobacco Tax and Trade Bureau (TTB) import license before releasing it.........."

https://help.cbp.gov/app/answers/detail/a_id/212/~/requireme...


Last time I was in Juarez I brought 10 liters into El Paso and just had to pay $1.25/ bottle duty on the extra 9.

bajalearner - 6-25-2014 at 11:55 AM

Bajaguy posted contact info for the San Diego CBP office with an email for the PAO. I sent some of this posting to the PAO for his information. So if I disappear from radar, I have been terminated by the Gestapo.

motoged - 6-25-2014 at 12:38 PM

If so....who gets all your stuff??? :biggrin: