What will happen if a U.S. immigration or customs officer determines I visited Cuba illegally?
Depending on the mood and/or political sympathies of the officer you may simply be scolded before being waved on through or you may be subjected to a long and uncomfortable search and interrogation. But you will never be denied re-entry into the U.S., nor will you be arrested. You may be asked to fill out an OFAC form requesting details of your trip and expenditures. EXERCISE YOUR FIFTH AMENDMENT RIGHTS that protect you from self-incrimination. This may lead to further harassment, intimidation and threats in an attempt to get you to ‘fess up and provide them with more evidence against you. But in the end, they will let you go. You may or may not receive in the mail from OFAC either a “Requirement to Furnish Information” letter or a “Pre-penalty Notice” assessing a civil fine (in the thousands). If you receive a “Requirement to Furnish Information” letter, write OFAC back telling them that you decline to provide the requested information because it violates several of your basic human and constitutional rights such as your right to travel, your right to seek information through foreign travel, your First Amendment rights protecting you from political and national origin discrimination, and your Fifth Amendment right that protects you from self-incrimination.
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