Letter to the Honorable Mark A. Morgan, Acting Commissioner of the United States Customs and Border Protection - Jayapal, DelBene, Murray, Cantwell Lead Letter To DHS Demanding Answers On Iranian Americans Being Detained At Border

Letter

Dear Acting Commissioner Morgan,

We write to obtain more information regarding the holding of Iranian Americans in secondary inspection
upon entering the United States in Blaine, Washington on January 4-5, 2020. There have been reports that
more than 60 Americans of Iranian descent were held in secondary inspection at length and questioned at
the Peace Arch Border Crossing -- with up to 200 individuals having been reportedly affected. Some
individuals claim to have been held in secondary inspection over 10 hours, and others report they were
turned away due to a lack of space. Those held in secondary inspection include U.S. citizens, lawful
permanent residents, and people of all ages including the elderly and children. It has been reported that
their passports were confiscated, and they were questioned about their political views and allegiances
without explanation.

In conversations with individuals who were held in secondary inspection and community groups
representing impacted individuals, it has become clear that this additional screening, holding, and
questioning was solely reserved for Iranian Americans. State Congressional staff members were told that
upon their release, a CBP officer told the Iranian Americans they would recommend not traveling for a
while, as they will have to go through this process again, the timing is just bad for them. Iranian
Americans were held in secondary inspection for hours, while others were held for shorter time periods.
We are deeply concerned about the experiences of those impacted this past weekend and the potential that
this may be the start of a new policy at our borders and airports illegally targeting those of Iranian descent
based solely on their religion, ethnicity, or national origin.

Given these reports, we request that you provide us with information to some unanswered questions.

1. Has there been any directive, email, policy, teleconference, or other communication regarding the
treatment, processing, questioning, or screening of individuals of Iranian descent? If so, please
provide this communication.
2. Please provide data on the minimum, maximum, median, and average processing times, including
for those who undergo secondary screening, and population numbers for the current and past
fiscal year and those numbers for the date of January 4-5, 2020 for the Peace Arch border
crossing in Blaine, Washington broken down by citizenship status and country of origin. Under
what circumstances are U.S. citizens sent to secondary processing?
3. How does CBP determine Iranian heritage of a U.S. citizen? Are any questions ever asked related
to a U.S. citizen's religion, ethnicity, or national origin?
4. If and when an individual is sent to secondary processing, how does CBP determine that
secondary processing is complete and release an individual? Is this policy consistent regardless of
country of origin? Have there been any changes to this policy since January 1, 2020?
5. CBP has stated that long delays on January 4, 2020 were due to low staffing and the late hour;
however, people reported being held in secondary inspection for up to twelve hours beginning as early as 8:00am that day. Were the reported staffing problems throughout the day or only in the
evening? Further, please provide an explanation for the extended length of time in secondary
inspection during the day.
6. How has staffing at the Peace Arch Point border crossing changed over the last three years? If
overall staff has increased, why is the border crossing understaffed at certain hours?
7. CBP has refuted reports that individuals were held in secondary inspection based on national
origin; however, multiple people report that only individuals of Iranian descent were subject to
long-term holding in secondary inspection at the Peace Arch border crossing in Blaine,
Washington on January 4, 2020. Please provide an explanation as to why individuals of Iranian
American descent were subject to secondary processing and held between three and twelve hours
during this time.
8. Were any individuals not allowed entry into the United States after secondary processing between
January 3-5, 2020? What was the basis for their denial and were any of these individual of Iranian
descent? This information can be transmitted in classified form if necessary.

Men, women and children legally entering or returning to the United States at a designated port of entry
deserve better than to be arbitrarily held and questioned solely based on their religion, ethnicity, or
national origin.

Thank you for your attention to this matter and look forward to your prompt response.

Sincerely,