WHEN CBP TAKES THE VEHICLE INTO GOVERNMENT CUSTODY
What Happens if CBP Seizes Your Car at the Border?
A formal CBP vehicle seizure is different from an ordinary search or temporary secondary inspection. When property is seized under a law administered by CBP, the case enters the agency’s seizure and forfeiture process and is referred to the appropriate Fines, Penalties and Forfeitures office.
Preserve
- Seizure number
- Vehicle identification number
- Title and registration
- CBP custody or seizure receipt
- Notice of Seizure
Not Every Vehicle Inspection Becomes a Seizure
CBP may search a vehicle during inspection and then return it to the traveler. A formal seizure occurs when CBP takes the property into custody under an applicable customs or other enforcement authority.
A traveler should not describe every lengthy vehicle search as a forfeiture seizure unless CBP actually placed the vehicle into seizure processing.
The Legal Basis for Vehicle Seizure Depends on the Violation
Vehicles can become subject to seizure under particular customs or other federal statutes. The exact authority depends on the alleged conduct and the relationship between the vehicle and the violation.
For example, current CBP guidance states that certain improperly imported vehicles can be subject to seizure.
Seized Property Is Referred to FP&F
Current CBP guidance states that the officer who seizes property forwards the case for supervisory approval, after which the matter is referred to the appropriate Fines, Penalties and Forfeitures office.
CBP Publishes Specific Initial Processing Timeframes
CBP currently states that the seizing officer forwards the property case to the appropriate supervisor for approval within 24 hours and that the case is then referred to FP&F within three working days.
FP&F Sends the Notice of Seizure
The FP&F office sends the suspected violator and other known interested parties a Notice of Seizure describing the case and available procedures.
Keep the seizure number. CBP instructs people contacting FP&F to provide that number when asking about the case.
Petition and Claim Procedures May Be Available
Depending on the governing forfeiture statute, the owner or another interested party may have administrative petition or judicial-claim options.
Vehicle Seizure Is Separate From Immigration Admissibility
Seizure of a vehicle under customs or forfeiture authority does not by itself establish a particular ground of immigration inadmissibility.
However, the facts that caused the seizure can independently create immigration or criminal issues.
Frequently Asked Questions
If CBP searches my car for two hours, has it been seized?
Not necessarily. Inspection or temporary detention during border processing is different from formal seizure for forfeiture.
Who handles the vehicle after formal seizure?
CBP states that qualifying seized-property cases are referred to the Fines, Penalties and Forfeitures office.
Will I receive written notice?
CBP states that FP&F sends a Notice of Seizure to the suspected violator and other known interested parties.
Review the Seizure Notice Before Choosing a Forfeiture Procedure
Vehicle ownership, the alleged violation, the statute cited and the filing deadline can determine the appropriate response.