U.S. Customs and Border Protection (CBP)

U.S. Customs and Border Protection is the largest federal law enforcement agency in the United States, with over 60,000 employees responsible for securing the nation's borders, facilitating lawful international trade and travel, and enforcing hundreds of U.S. laws at and between ports of entry. Established within the Department of Homeland Security by the Homeland Security Act of 2002, CBP combined the functions of the former U.S. Customs Service, the Immigration and Naturalization Service's border enforcement division, and the Animal and Plant Health Inspection Service's border operations.

Current Law (2026)

Legal Authority

• 6 U.S.C. § 202 — Border, maritime, and transportation responsibilities (the Secretary of Homeland Security is responsible for preventing entry of terrorists and instruments of terrorism; securing borders, territorial waters, ports, and transportation; carrying out immigration enforcement; establishing and administering customs rules)
• 6 U.S.C. § 211 — Establishment of CBP (creates CBP within DHS; establishes the Commissioner position with presidential appointment and Senate confirmation; defines operational offices)
• 6 U.S.C. § 212 — Retention of Customs revenue functions by Treasury (certain customs revenue functions remain with the Treasury Secretary, reflecting the constitutional revenue-collection role)
• 6 U.S.C. § 213 — Preservation of Customs funds (customs user fees cannot be transferred to other DHS agencies — protecting trade facilitation funding from diversion)
• 6 U.S.C. § 214 — Separate budget request (the President must include a separate CBP budget request in each annual budget, ensuring visibility and accountability)
• 6 U.S.C. § 221 — Polygraph requirements (all CBP law enforcement applicants must undergo polygraph examination as an integrity measure)
• 6 U.S.C. § 223 — Border security metrics (requires development and reporting of metrics to assess effectiveness of border security operations)
• 6 U.S.C. § 226 — Field manual updates (Commissioner must review and update CBP field operations manuals at least every 3 years)
• 6 U.S.C. § 240 — Border Enforcement Security Task Force (BEST) (establishes interagency task forces to identify, disrupt, and dismantle criminal organizations operating on the border)

How It Works

CBP has a dual mission that creates inherent tension: securing the border against illegal entry, terrorism, and smuggling while simultaneously facilitating lawful trade and travel that drives the American economy. On a typical day, CBP processes over 1 million passengers at ports of entry, inspects thousands of containers and cargo shipments, and patrols nearly 6,000 miles of land borders and 95,000 miles of coastal borders.

The agency operates through three main components. The Office of Field Operations staffs the 328 official ports of entry — airports, seaports, and land border crossings — where CBP officers inspect travelers, cargo, and vehicles for compliance with customs, immigration, agriculture, and security laws. The U.S. Border Patrol operates between ports of entry, deterring and detecting illegal border crossings through surveillance, patrol, and checkpoints. Air and Marine Operations provides air and maritime interdiction and domain awareness.

The customs revenue function has constitutional significance — it's one of the original functions of the federal government. Customs duties and user fees collected by CBP are protected by statute: they cannot be transferred to other DHS agencies or offices, ensuring that trade facilitation funding serves its intended purpose. The Treasury Secretary retains authority over certain revenue-related customs functions, reflecting the Constitution's assignment of revenue powers.

Border security metrics are required by statute, addressing the historically difficult challenge of measuring border security effectiveness. The metrics cover apprehensions, estimated illegal crossings, drug seizures, tunnel discoveries, and processing times at ports of entry. These metrics inform resource allocation, policy decisions, and congressional oversight.

The polygraph requirement for all law enforcement applicants reflects anti-corruption priorities. CBP officers and Border Patrol agents face significant corruption risks given their access to borders, ports, and cargo — the polygraph is one tool in the integrity framework.

BEST task forces bring together CBP with ICE, DEA, FBI, ATF, the Coast Guard, state and local law enforcement, and foreign partners to target transnational criminal organizations operating at or near the border. These task forces focus on drug trafficking, human smuggling, weapons trafficking, and bulk cash smuggling.

How It Affects You

State Variations

Implementing Regulations

• 19 CFR Part 0 — CBP authority and organization (§§ 0.1, 0.2 — customs revenue function regulations, all other CBP regulations)

• 19 CFR Part 10 — Articles conditionally free, subject to reduced rate (§§ 10.1003, 10.1005 — preferential tariff treatment claims, importer obligations)

• 19 CFR Part 111 — Customs Brokers: the full regulatory framework governing who can transact customs business on behalf of importers and how they must do it. Key provisions:

  • § 111.11 — Basic license requirements: U.S. citizenship, a passing grade on the CBP broker examination (covering customs law, regulations, classification, valuation, and accounting), and a background investigation
  • § 111.13 — Broker examination: administered by CBP; tests knowledge of customs and related laws, regulations, procedures, bookkeeping, and accounting; passing grade required before application
  • § 111.14 — Background investigation: CBP investigates accuracy of application statements, prior violations, character, and financial responsibility before issuing a license
  • § 111.19 — National permit: a separate permit (in addition to a license) required to transact customs business throughout the U.S.; application follows license issuance
  • § 111.23 — Record retention: brokers must retain all customs transaction records for 5 years from the date of entry — within the customs territory of the United States
  • § 111.24 — Client records are confidential: brokers may not disclose client records or information except to the client, their surety, or CBP when required
  • § 111.28 — Responsible supervision and control: licensed officers must exercise meaningful oversight over all customs business conducted under the license — the core professional accountability requirement
  • § 111.29 — Diligence: brokers must exercise due diligence paying duties and taxes collected from clients within 5 working days of receipt; failure triggers grounds for discipline
  • § 111.32 — False information prohibition: brokers must not file or assist in filing documents they know to be false, nor give false or misleading information or testimony
  • § 111.37 — No license misuse: a broker may not allow unlicensed persons (or brokers under suspension) to use their license or name to conduct customs business
  • § 111.39 — Duty of candor to clients: brokers must not withhold information clients are entitled to, must not impart false information, and must exercise due diligence in advising on classification and valuation

  The disciplinary framework (Subpart D) covers cancellation, suspension, revocation, and monetary penalties. Grounds include incompetence, negligence, willful violation of customs laws, false statements, conflict of interest, and failing to pay over duties to CBP. Monetary penalties in lieu of revocation can reach $30,000 per violation. CBP may also debar a broker from practicing entirely.

  Continuing education (Subpart F, §111.102): individual broker licensees must complete continuing education credits in each triennial period to maintain sufficient knowledge of customs law and procedure. Requirements were added by an October 2022 rulemaking (87 FR 63313–63321).

• 19 CFR Part 4 — Vessels in Foreign and Domestic Trades: the primary CBP regulation governing commercial vessel arrivals, cargo reporting, and departures at U.S. ports. Key provisions:

  • § 4.2 — Inward foreign manifest (CBP Form 1302): vessels arriving from foreign ports must present a complete inward cargo manifest to CBP listing all cargo on board — shipper, consignee, description, quantity, and destination for each item. The manifest must be filed electronically under Automated Manifest System (AMS) prior to vessel arrival.
  • § 4.7 — Report of arrival: the master or owner of any vessel arriving from a foreign port must immediately report the arrival to CBP; failure to report is a customs violation
  • § 4.7a — Electronic vessel manifest filing: CBP requires advance electronic filing of cargo manifests (typically 24 hours before loading at a foreign port for deep-sea shipments) — the advance manifest requirement is CBP's primary tool for maritime cargo targeting and risk assessment
  • § 4.9 — Entry of vessels: formal entry required for vessels arriving from abroad; the master files the inward foreign manifest, crew list, passenger list, and stores list; CBP may board the vessel for inspection at any time before granting entry
  • § 4.14 — Unlading of cargo: cargo from foreign ports may not be unladed (unloaded) before CBP entry is granted, except with specific CBP authorization
  • § 4.20 — Clearance (outward from U.S. ports): vessels departing for foreign ports must obtain CBP clearance; the clearance application includes an outward manifest of all cargo laden for export; no vessel may depart without clearance except in emergencies
  • § 4.61 / § 4.62 — Equipment and stores: equipment and stores on foreign vessels are not subject to customs duties while in U.S. waters if used solely for the operation of the vessel; spare parts and provisions for the vessel's own use are similarly exempt
  • § 4.14(d) / 19 U.S.C. § 1466 — Vessel repair duty: repairs made to a U.S.-flag vessel in a foreign country are dutiable at 50% of the cost of parts and labor when the vessel returns to the U.S.; the master must report all foreign repairs and pay the duty; this provision has historically been a source of disputes between shipowners and CBP over what constitutes "repairs" vs. normal maintenance

• 19 CFR Part 24 — Customs financial and accounting procedure (duties, fees, and user charges)

• 19 CFR Part 112 — Carriers, Cartmen, and Lightermen (26 sections; authority: 19 U.S.C. § 66): CBP's bonding and licensing regime for entities that physically move bonded (un-entered) merchandise within port areas and between U.S. ports. A carrier under Part 112 is a transportation company (truck line, railroad, airline, vessel operator) that receives un-entered merchandise under a customs bond and transports it between U.S. ports, from ports to CBP-approved bonded warehouses, or to importers under in-bond procedures. A cartman is a licensed individual or entity authorized to transport bonded merchandise by vehicle within a single port or customs zone. A lighterman moves bonded merchandise by small vessel within a harbor. The practical distinction matters: carriers operating under the carrier bond (19 CFR Part 113) can move merchandise across port boundaries; cartmen move goods only within a single port district. Key provisions:

  • § 112.2 — Bond or license required: carriers must file a bond in the form specified by Part 113 and obtain CBP authorization; cartmen and lightermen must obtain a CBP license from the port director
  • § 112.11 — Carriers authorized: the port director may authorize carriers to receive bonded merchandise from port to port within the U.S., or from a port to a bonded warehouse; authorization is port-director-level discretion
  • § 112.12 / § 112.13 — Application and approval: carrier authorization applications must include the applicant's name, address, and bonding information; the port director approves after verifying the applicant's bond is in force
  • §§ 112.21–112.28 — Cartman/lighterman licensing: applicants must demonstrate good character and financial responsibility; the port director may investigate the applicant's background; licensed vehicles must be marked with the licensee's name and the CBP-assigned license number (§ 112.27), allowing inspection officers to verify authorization at a glance; licenses continue in force until suspended or revoked
  • § 112.25 — Obligations of bonded carriers: once a carrier accepts bonded merchandise, it is responsible for delivering the merchandise intact to the designated destination; shortages, overages, or diversions trigger liability under the carrier bond for the duties and taxes associated with the missing merchandise; CBP may demand payment from the carrier's surety if the carrier cannot pay

  The Part 112 licensing system predates the modern ACE electronic environment but remains in force. In practice, most large freight carriers operating between U.S. ports under bond do so through the in-bond system (19 CFR Part 18) and the continuous bond programs, which have largely absorbed the Part 112 carrier authorization function for major interstate carriers. Part 112's licensing requirements are most active for local cartmen in major port cities — drayage operators who move containers from dock to bonded facility within a single port — where CBP port directors maintain local lists of authorized cartmen.

Pending Legislation

• S 3681 — Authorize Treasury to pay CBP/ICE employees during DHS funding gaps. Status: Introduced.
• HR 7284 — Limit qualified immunity for ICE/CBP officers in excessive force cases. Status: Introduced.
• HR 7363 — Ban ICE/CBP facial recognition surveillance, require data deletion. Status: Introduced.
• HR 5877 — Expand Secret Service digital-asset authority (cross-ref with CBP coordination). Status: In committee.

Recent Developments

CBP has been at the center of border security debates for decades. Recent years have seen record levels of encounters at the southern border, driving policy debates about enforcement resources, asylum processing, and immigration reform — including deportation and removal proceedings. CBP has expanded technology deployment — surveillance towers, ground sensors, drones — alongside traditional patrol operations. Trade enforcement has intensified with the USMCA's labor and environmental provisions requiring new customs monitoring and enforcement capabilities, alongside heightened tariff and trade remedy collections. CBP's workforce integrity program continues to evolve in response to corruption cases.

In January 2026, CBP published corrections to the Enhanced Air Cargo Advance Screening (ACAS) regulations, restoring specific authority citations in 19 CFR Parts 103 and 122.