WRONG RESPONSE Agent error triggers passenger problems

Posted on 03/18/2016

A retired British police officer had a disastrous cruise experience after his travel agent filled in a security application required by US Department of Homeland Security. In response to the question, "Do you seek to engage in or have you ever engaged in terrorist activities, espionage, sabotage, or genocide?" the agent (erroneously) checked off ‘yes.’

As part of the Visa Waiver Programme, the US Department of Homeland Security allows eligible citizens or nationals of designated countries to travel to the United States for tourism or business for stays of 90 days or less without first obtaining a visa. A third party, such as a relative or travel agent, is permitted to submit an ESTA (Electronic system for travel application) on behalf of a VWP traveller. John McGarry's travel agent booked him on a New York and Caribbean cruise and submitted the electronic paperwork to US Homeland Security. Before the cruise, McGarry was instructed to go to the US embassy in London for questioning and to be fingerprinted. He was given a visa and his travel agency Cresta World Travel paid for his transportation. However, by then it was clear that there was a mistake made in the application process and McGarry was told, “you shouldn't be here, you have had a raw deal, but don't blame us.” He doesn’t blame the officials, "It's nothing to do with them; they are doing their job. I was a cop and if I saw something in front of me, I had to do my job. The embassy acted on its information from Cresta." That was not the end of it - when his cruise ship arrived in New York (a week into the 26 day cruise) he was escorted off the ship for questioning for his “terror links” by US police officers who were reacting to the stamp on his visa made by the American Embassy in London. They communicated with embassy officials then took him back to the cruise ship. McGarry says that he was not able to resume the friendships that he had made on the first week, because people "ostracized" him after seeing him escorted off the ship by the police. He says, "The cruise was ruined for me - no-one would come near me, it was like I had the plague." He describes the last 19 days of his cruise as “hell.” When McGarry complained to Cresta World Travel upon his return he was given a voucher for £150 ($280) toward his next booking with them. His response was, "I sent it right back - I don't want anything to do with them." The agency advised him to contact ABTA (The Association of British Travel Agents) to make a formal complaint. So here’s what’s curious about this entire incident: First, would anyone who “seeks to engage in or … have ever engaged in terrorist activities, espionage, sabotage, or genocide,” actually answer ‘Yes’? Second, should somebody answer ‘yes’ why would the Embassy go ahead and issue a visa anyway? Isn’t that a bit curious? Third, when it became clear (before he left) that there was a problem with the visa, why, in this day and age, would neither McGarry nor his travel agent have made every effort to ensure that the US Embassy and Homeland Security were aware that it was an error on the part of the agent and that the information was expunged. Fourth, aside from the embarrassment on the ship, chances are McGarry will forevermore have a problem entering the US. I’m seldom in favour of punitive damages, (and curious as to why he just didn’t explain to his fellow passengers that his agent made an error) but £150 doesn’t begin to cover his ‘inconvenience.’ The agency should undertake to try and get this resolved for its client.