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While I agree that this person was probably treated very poorly, I also want to point out that they were traveling for work purposes. In the United States, non
by pudquick 13y ago
While I agree that this person was probably treated very poorly, I also want to point out that they were traveling for work purposes.
In the United States, non-US citizens entering the country for work purposes are generally required to get a visa. There are a few (and very few at that) business exceptions to this process, as listed here: http://travel.state.gov/visa/temp/without/without_1990.html http://travel.state.gov/visa/temp/without/without_1990.html
He stated that he was: Trying to work several unpaid shows, he would receive meals and tips as compensation at one or more shows, and then he was going to write articles for Noisey (http://noisey.vice.com/ http://noisey.vice.com/) about it.
Bringing musical instruments with you (and admitting you are a musician - even if just as a 'hobby') on a supposed tourism visit and going to one or more cities where you did not have relatives or explicit non-business reasons to be there probably immediately triggered an investigation as to why he did not have a visa / whether he required a visa for his visit.
Yes - our border control system is horrible. I totally grant that. But this person was also explicitly not playing by the work visa rules either.
- jaeysin 13y agoI don't think this is true. He explained that we would write a travelogue (that would be published), explore the music scene, visit his aunt and play free shows (where he might receive tips). The article you linked says: "participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating" It sounds like he would solidly qualify for that, considering it does not sound like these were shows contracted specifically for pay. And even if, somehow they suspected that he was in violation of these rules, it does not justify their actions.
- MichaelGG 13y agoStrictly speaking, isn't getting tips and food being paid? After all, don't food service workers get paid in tips?
- andmarios 13y agoYou could always try paying your taxes in cannoli to see if food qualifies as payment.
- steverb 13y agoBarter is taxable. http://www.irs.gov/taxtopics/tc420.html http://www.irs.gov/taxtopics/tc420.html
- jaeysin 13y agoNo, I don't believe so. This is just done as a courtesy, for the audience to show their appreciation. It isn't even barter because there isn't a deliberate plan to exchange a good for a service. I suppose he could preemptively say, "I plan not to accept any free food or tips," but what good would that do really?
- alexeisadeski3 13y agoHe _obviously_ said that he was going to be paid, in tips and food. No one here is justifying the draconian actions of the border guards. We're merely pointing out that, based upon what he said, any border guard in a bad mood would refuse him entry.
- unreal37 13y agoIf the customers were paying an entry fee, a cover, then it qualifies as work. And you have to apply for a visa waiver in advance before leaving your country.
- nisa 13y agoI don't have knowledge about the US border and visa requirements and procedures. But even if he did made a mistake wouldn't it be easier to inform him before he enters the plane? And avoid interrogating him without letting him know what the problem was? The process he got ranks pretty high on the crazy paranoid side. I'm sure there are ways to solve the security and visa issues in a way that does not leave traumatic memories in every casual traveller that maybe or maybe not misunderstood the rules. It's obvious that the border control knew what the problem was. Why not tell him the problem in a polite way? Or why is there no process that avoids that the person has to fly overseas in order to be scared and not allowed entry? I'm sure there are legitimate security related cases where such a behaviour would not catch a few illegal immigrants but all these stories read like they tuned their ROC curve to maximize the true positives and forget about false positives at all. It's the same idea behind the NSA spying an the no fly lists. A huge false positive rate no matter what the costs are. Looks like this decisions are not the result reason and careful consideration but instead full paranoia mode. But it's easy to say that from the outside. We don't know.
- allochthon 13y agoAnd such tacky behavior on the part of border security, if the description is accurate. It sounds like there had been a genuine misunderstanding.
- alexeisadeski3 13y agoNo, that behavior is typical of US law enforcement.
- MichaelGG 13y agoNo, if they suspect you of lying, then of course they're not going to coach you on what's allowed so you can say the right thing. That makes no sense. Their overall reaction seems way out of proportion here, I agree. But the general tactic of questioning someone seems sorta like the entire point of having these agents in the first place.
- 13y ago
- dreamfactory 13y agoEven if this were the case (and there are challenges as outlined by other commenters), it is entirely and obviously disproportionate. Do you seriously find it acceptable for your tax dollars to be spent this way? Secondly, this all misses what I think was the real point of the story - that this is an outcome of the surveillance dragnet.
- MichaelGG 13y agoPlease explain "surveillance dragnet" - I didn't see any evidence of that in the translated article. I saw some "I wonder how they found my stage name", but unless he's taken some large precautions, that doesn't seem too far-fetched for Google to handle...
- dreamfactory 13y agoHe talked about them knowing about all his shows, stage name, and about facebook relationships. Translation is sketchy but he seems to be making a wider point that they knew about a bunch of stuff that would only be known by fairly broad and deep surveillance (as per the title of the article) and then applying a distorted interpretation.
- MichaelGG 13y ago>fairly broad and deep surveillance Also known as performing a search on Facebook? Just saying, there's an easy alternative explanation.
- colomon 13y agoI don't understand the reason, but from what I've seen the US and Canadian rules on these things are explicitly set up to screw small musicians. Like getting a VISA to do a single gig in a bar or restaurant costing more than the venue would normally be paying the musicians: http://www.huffingtonpost.ca/2013/08/29/canada-foreign-workers-fee-musicians_n_3837452.html http://www.huffingtonpost.ca/2013/08/29/canada-foreign-worke... And I know our local (US) maritime music festival didn't bring in a Canadian duo the organizers love because of the expense of getting them a Visa to work here. (And when I later talked about it with the duo, they told me they now also have to deal with the IRS to play American shows!?)
- Kequc 13y agoMaybe they could afford the cost of the visa if all those soccer mom's would just pay the RIAA millions of dollars like they are supposed to.
- javajosh 13y agoIt's like saying about Rodney King, "well, our police are brutal, but after all he was speeding and resisting arrest." This kind of statement is a sophists trick, knowingly or not, to justify the unjustifiable. I don't care what this guy "did", he shouldn't have been treated this way. If he broke the rules and we need to deport him, fine. Then do it. Don't strip search him, threaten him, go through his personal effects, harrass his friend, unjustly limit his ability to contact his people, and generally abuse someone who's trying to visit our shores who comes in peace. The worst thing they should have done to him was force him to pay for a work visa and a "processing fee", and let him into the country.
- MichaelGG 13y agoWhile I agree on the overreaction, no, it's not just about paying for a work visa. It's determining eligibility and whatnot. He even admits that it's "very difficult" to get such a visa. Certainly you don't want to encourage people to attempt entry illegally (under false premises) with the fallback of paying for the visa. Going through his "personal effects" is one way to determine is someone is lying. Strip search seems ridiculous unless they felt he was smuggling something.
- javajosh 13y agoWell, I'm not going to get derailed by the not important conversation that you seem to want to start regarding appropriate work visa policies. Whatever that policy is, it CANNOT include the kind of stupidity described in this persons post. No more intimidation, no more molestation, no more angry, invasive, demeaning, bullying, just plain awful treatment of anyone like this, ever again, for any reason. Frankly we need to treat everyone with a great deal more respect, no matter what they're accused of doing.
- MichaelGG 13y agoJust so we're clear, you're against strip searching anyone for anything, ever? So, if someone was smuggling in rare species or ivory or other contraband, the CBP should do what exactly?
- transfire 13y agoWhat the frail are you talking about? Why the hell do we have such ridiculous laws to begin with? What the hell kind of country have we become? It's certainly not the land of the FREE! The terrorists won. We lost.
- anigbrowl 13y agoThis has nothing to do with the terrorists winning. The rather draconian immigration law was written in 1996. http://en.wikipedia.org/wiki/Illegal_Immigration_Reform_and_Immigrant_Responsibility_Act_of_1996 http://en.wikipedia.org/wiki/Illegal_Immigration_Reform_and_...
- foxylad 13y agoIt's not the law - it's the way somone who broke that law was treated like a suspected drug-dealer. Sure, technically they had the right to deport him. But doing so in this case was heavy handed, and adding strip-searches and refusing to let him contact his girlfriend was purely obnoxious. Although not directly linked to terrorism, this kind of behaviour is condoned now because the fear of immigrants generated by "terroism".
- shasta 13y agoSo this is how we should treat suspected drug dealers?
- droithomme 13y agoPeople keep repeating that he broke a law and was planning to work for pay, the pay being a single meal offered by his host at one of the coffee houses he was going to play some songs at. I have not seen any evidence though that someone giving you one dinner during a trip qualifies as pay in exchange for work. It seems to me that it is a fairly common occurrence that one is treated to a meal by a friend or associate while traveling. Does anyone have actual references to law that make clear that being treated to dinner qualifies as being paid for work and thus triggers a visa violation and reasonable cause for deportation?
- tn13 13y agoEvery now an then these kind of articles get popular on HN and someone points out that the person had done some wrong. I find it incredibly irritating. The reason why border security or any law enforcement agency exists is because we want to maintain reasonable order, one way to achieve it is enforcement of existing laws. But somehow enforcement of rules, some of which are highly questionable has taken center-stage over creating a sense of order. It appears that US government and the security forces are operating out of paranoia, hitting those who cant hit back. This is sad. America is a good country, many people will still give an arm and leg to get migrated to this country yet, with passage of time, while we all love America, we have began to despise the government. In the longer run it will have serious implications.
- alexeisadeski3 13y ago>But somehow enforcement of rules, some of which are highly questionable has taken center-stage over creating a sense of order. Indeed. It is quite the serious problem.
- a8da6b0c91d 13y ago> operating out of paranoia, hitting those who cant hit back It's "anarcho-tyranny." The paradigm governs much US domestic exercise of power. John Corzine walks free, but sellers of unpasteurized milk to willing and informed customers go to jail. Self admitted illegal aliens write op-eds unmolested, but a zero risk short term visitor is denied entry.
- RandallBrown 13y agoCouldn't they have just given him the option of canceling his shows? I'm sure he would rather have done that than be forced to leave the country.
- MichaelGG 13y agoAgain, put yourself in the position of trying to ascertain if a person is coming to the US under false premises. You've determined they have. Now, at the border, under threat of deportation, you're going to say "OK, call this place and tell them no", and you're going to take that as an acceptable answer? That idea just doesn't work. Worse, it creates more incentives for people to try to come under a false premise, as they can just backtrack at the border and still get in. This case sounds mishandled, for sure.
- rhizome 13y agoas they can just backtrack at the border and still get in. And that is bad, why?
- MichaelGG 13y agoIf you take as a given that the US wants to enforce their immigration laws, allowing people to attempt to break the law with a penalty of them saying "ok just kidding" doesn't make much sense. It's like the liquids ban at airports. If you ARE caught with liquids, there's no penalty, you just throw them away. So it's not a disincentive to try to bring liquids aboard. Just keep trying until it works.
- rhizome 13y agoEach achieves the goal of keeping their intended contraband out, why make a big deal out of it? The angry boneheads at the TSA are not responsible enough to teach behavior modification.
- RandallBrown 13y agoI think there are gray areas here. I wouldn't say this guy was here "for work" and I don't think he thought he was either. Hell, a different agent on a different day probably would have let him through. There are better ways this could have been handled that wouldn't have led to deporting him.
- a8da6b0c91d 13y agoI agree this guy screwed up. But the fact that you can't go three hours without seeing an obvious illegal alien in the US makes this whole thing hilarious. It's the Anarcho-Tyranny thing Sam Francis wrote about. Be a middle class, law abiding euro with some undotted i's and get instantly deported. Hop the southern border as an illiterate with criminal convictions and it's "no problemo" as an apparent matter of national policy. Hell, illegals rally on the National Mall on a regular basis. As a border jumper it appears you can often get away with vehicular homicide and still not be deported. There are multiple publicized cases.
- podperson 13y agoThis seems to me like borderline racist generalization. I'm sure there are plenty of people getting away with vehicular homicide one way or another, and to single out a case (or several) where the perpetrator happens to be an illegal immigrant is missing the point. The US treats people suspected of being illegal immigrants pretty badly. Heck, I'm a US Citizen, born in California, but raised in Australia. When I moved to the US in 2002 I had to wait six months (and provide all kinds of ridiculous documentation beyond my birth certificate and valid US passport) to get issued a SSN (and thus be able to work). Why? I was in Arizona and look kind of vaguely Hispanic.
- a8da6b0c91d 13y agoOh boo hoo. I went to Japan for extended periods a few times and they made me get a complicated visa, questioned me on entry, and made me register with the police as well as carry an alien registration card. Fucking good for them. It's their country and their right to control who's in it.
- deleted 13y ago[deleted]
- halostatue 13y agoExcept that the person you're responding to was a non-resident U.S. citizen with valid passport and was still forced to wait by explicitly racist, undemocratic, and likely unconstitutional policies.
- spin 13y agoIf he broke the rules of his visa, then deport him. Stick him on a plane and send him home. (Perhaps refuse him entry in the future, if that's what the law says...) In western democracies, we have this notion of "the punishment should fit the crime". All this harassment and intimidation at the border accomplishes nothing useful. It is power for the sake of power. It is entertainment for people who enjoy having power over other people (like CBP).
- scelerat 13y agoPlaying some music and having appreciative people feed you and give you bus money simply shouldn't be the sort of thing a Work Visa regulates. This guy was a student traveling around the US, meeting people and writing about it. This is education, not work, and he had a student visa. He just got a different education than he was expecting.
- megablast 13y agoYou are right, but the problem is where do you draw the line? And once you have a small intention of working and getting some reward, there is always a chance you might be doing other paid gigs that they could not find. The simple fact is, if they have and reason to suspect you might be doing something a little wrong, they will deny your entry. Every country can and will do this. This is not an innocent until proven guilty option, this is ANY suspicious activity. You don't have a right to enter any country except your own.
- dec0dedab0de 13y agoBullshit. This is someone who is on vacation, and happened to be playing music along the way. His only mistake was trusting in the rationality of people with badges. He should have borrowed a guitar after he got here.
- cgman 13y agoThe least they could do is bring in someone who speaks fluent German and try to figure out what's going on. Treat the man with respect and explain to him that he needed a visa to do what he's doing. This is no excuse for how terribly he was treated。