We’re All Prisoners, Now: US Citizens to be Required ”Clearance” to Leave USA

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The U.S. Department of Homeland Security (HSA) has proposed that all airlines, cruise lines-even fishing boats-be required to obtain clearance for each passenger they propose taking into or out of the United States.

It doesn’t matter if you have a U.S. Passport - a “travel document” that now, absent a court order to the contrary, gives you a virtually unqualified right to enter or leave the United States, any time you want. When the DHS system comes into effect next January, if the agency says “no” to a clearance request, or doesn’t answer the request at all, you won’t be permitted to enter-or leave-the United States.

Consider what might happen if you’re a U.S. passport holder on assignment in a country like Saudi Arabia. Your visa is about to expire, so you board your flight back to the United States. But wait! You can’t get on, because you don’t have permission from the HSA. Saudi immigration officials are on hand to escort you to a squalid detention center, where you and others who are now effectively “stateless persons” are detained, potentially indefinitely, until their immigration status is sorted out.

Why might the HSA deny you permission to leave-or enter-the United States? No one knows, because the entire clearance procedure would be an administrative determination made secretly, with no right of appeal. Naturally, the decision would be made without a warrant, without probable cause and without even any particular degree of suspicion. Basically, if the HSA decides it doesn’t like you, you’re a prisoner - either outside, or inside, the United States, whether or not you hold a U.S. passport.

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May I see your papers, comrad?