One question we regularly get asked by pilots is, "when I return to the USA from an international trip and CBP is not at the ramp when I arrive, can I open the door of the aircraft?". We posed this question to the General Aviation branch of CBP to get their opinion and their response was:

The short answer is, "Yes, while waiting for CBP to arrive, a pilot is allowed to open the door to the aircraft."

The longer answer and the basis for this practice is found in Title 19 Code of Federal Regulations (CFR) Section 122.36. Under this citation, pilots of private aircraft arriving in to the United States are given specific responsibilities to preserve a certain level of sterility to the aircraft and travelers aboard. Specifically, the regulations state, "If an aircraft lands in the U.S. and [CBP] officers have not arrived, the aircraft commander shall hold the aircraft, and any merchandise or baggage on the aircraft for inspection. Passengers and crewmembers shall be kept in a separate place until [CBP] officers authorize their departure."

Therefore, consistent with 19 CFR 122.36, pilots and travelers arriving in the United States aboard private aircraft are free to deplane upon arrival and present themselves for CBP processing.

CST Flight Services (Formerly: Caribbean Sky Tours)
www.cstflightservices.com