The non-profit Identity Project has filed comments with Homeland Security urging that the rule changes be dropped. They argue that they violate the U. S. Constitution and international law:
The [proposed rule change] would replace a requirement for ex post facto notice to the CBP of information about who is on each vessel (ship or plane) with anunconstitutional system of prior restraint of international travel, entirely unauthorized by statute and inconsistent with the U.S. obligations embodied in the International Covenant on Civil and PoliticalRights. Under the proposed rules, orders by the CBP [Customs adn Border Patrol] to common carriers not to transport specific persons would not be based on restraining orders (injunctions) issued by competent judicial authorities. Instead,they would be based on an undefined, secret, administrative permission-to-travel (“clearance”) procedure subject to none of the procedural or substantive due process required for orders prohibiting or restricting the exercise of protected First Amendment rights. From the authority of law enforcement officers andagencies to enforce certain types of orders, once lawfully issued by competent judicial authorities, the [proposed rule change] would usurp for the CBP the authority to issue those orders on its own.