Civilian pilots say border agents abuse their power

05/20/2014 7:42 AM

05/20/2014 7:43 AM

The young pilot from Miami was trying to impress a woman with a lunch trip to Key West.

The 45-minute flight was just long enough to take in the scenery, but not so long that Aron Banks, 23, had to worry about lulls in the small talk. In the air, he explained how his plane’s avionic system works. He pointed to the blue and turquoise waters. His date admired the shapes of the rip currents.

Everything was great until they landed in Marathon, Fla. That’s when, Banks said, more than a dozen federal agents with body armor and assault rifles surrounded him and his plane.

The agents, with U.S. Customs and Border Protection, asked for his permits. They asked him why he was flying from Opa-Locka to the islands. They pressed him to search the plane. Banks refused, but he said the agents didn’t take no for an answer. Banks said an agent repeated the question again while squeezing his gun and inching it out of his holster.

“I’m like, ‘You know bro, I’m not authorizing anything, but you do what you need to do.’ And then he starts searching the airplane.”

The agents found no drugs or weapons, Banks said. They did find $700 in cash, which Banks says he keeps for emergencies.

After about an hour and a half, the agents said Banks could go, he recalled. They told him they were just doing their job trying to keep everyone safe. But Banks still felt like a drug runner. He figured his date felt that way about him, too.

U.S. Customs and Border Protection officials say searches of general aviation aircraft are a crucial part of the fight against drugs and terror.

The agency’s Office of Air and Marine on Monday denied Banks’ version of events. The encounter, which customs officials said lasted 20 minutes, resulted from an error on the flight plan. The search was allowed, and the agency said in response to McClatchy’s questions that there were only three federal agents and that no weapons were ever drawn nor used to intimidate.

Banks is far from alone in accusing border officials of excessive shows of power. Many leisure and business pilots across the country say too many private citizens have been caught up in what they argue are warrantless searches that can be emotionally scarring – and possibly illegal.

“We’re opposed to drugs and drug runners and illegal uses of aircraft, but we do feel very strongly that when you do a police action like your plane comes to a stop on a runway and its surrounded by eight SUVs, police get out, guns drawn, body armor, dogs, that you need to have a reasonable suspicion that illegal activity has occurred or is about to occur,” said Ken Mead, general counsel for the Aircraft Owners and Pilots Association.

Arturo Caballero has been stopped by agents twice after flying with his wife, son and pet Chihuahua, including once in Texas. On one family trip home to Bay City, Caballero was separated from his wife and son, who was a student at the U.S. Naval Academy in Annapolis, Md., for questioning while agents searched the plane.

“Seems to me they’re just throwing a big, huge net into the sky in hopes of catching something,” Caballero said. “What? They don’t know. But something will come up.”

The pilot association, which represents more than 350,000 pilots and plane owners, says it has collected more than 50 cases in which members – despite never crossing a U.S. border – were searched by Customs and Border Protection agents or local law enforcement “without probable cause or reasonable suspicion of illegal activity.”

The association met last month with Border Patrol officials in Washington to discuss pilots’ concerns. U.S. Customs and Border Protection Commissioner R. Gil Kerlikowske assured them the agency would conduct a comprehensive review of the searches, the association said.

At the same time that complaints are made against border agents, the Customs and Border Protection agency is under increased scrutiny. McClatchy and other news organizations have chronicled the deaths of at least 21 people, a trend that has led to criticism that the Border Patrol has expanded too fast to ensure proper training of new agents.

Reps. Beto O’Rourke, D-El Paso, and Steve Pearce, R-N.M., introduced legislation in March that would require more oversight and accountability for the agency.

Flights from Granbury

Those caught in the federal net say the experience can be harrowing.

Tom Lewis and his wife, Bonnie, plan to fly to New Hampshire next week for their annual trip to see their grandchildren. It’s an infamous trip in their family after what happened two years ago.

Lewis, 66, and his wife fly out of Granbury. They usually stop twice along the way to use the bathroom. They typically have dinner and spend the night in Frankfurt, Ky. When they land in Kentucky next week, Lewis will likely be looking behind him to see whether his plane is again being closely followed by a federal jet.

It happened two years ago. The jet, without any announcement, swooped in behind them on the ground. Three men and a woman dressed in Border Patrol uniforms and armed with M-16s quickly approached them. They asked for papers. They questioned the couple about their trip and looked around their plane.

The experience was not as bad as other pilots’ experiences, Lewis said, but it was unsettling.

“I know they need to do that when they’re after the bad guys,” he said. “It’s excessive to stop Grandma and Grandpa on their visit to see the grandkids.”

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