Legal Question in Immigration Law in California

My husband & I flew to Cabo from SFO last week. We managed to get through flight check-in (Virgin America), TSA/airport security check (twice, we went back outside for a cigarette at one point), and the boarding/gate agents with no problems, save for a small "technical malfunction" with the check-in/baggage drop-off with our passports. Turns out that was b/c my husband's passport had expired back in March. Clearly an oversight on our part, but I was astounded that so many employees, agents, guards, etc let us through! Mexico immediately turned hubby around back to the US, where he spent the next two days getting his passport renewed.

The way I see it is that if any of these people had done their jobs thouroughly, they would have caught our oversight and we could have handled this in a much better way (me being in Mexico alone was not fun, him having to buy a new ticket was not cheap). I'm planning to file a complaint with the TSA and demand some form of compensation from Virgin-- nothing unreasonable, but I think they at least owe us a reimbursement of my husband's second flight.

Any input as to what my rights are?


Asked on 6/28/11, 12:15 pm

2 Answers from Attorneys
Latangie Williams Law Office of Latangie Williams, P.A.

Unfortunately, there's nothing that you can do legally. If they agree to reimburse, consider yourself very lucky.

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Answered on 6/28/11, 12:33 pm

I admire you creative reasoning, but there is very little to no chance that you or your husband are going to be able collect for damages. The reason your husband was sent back to the U.S. was because he did not renew his passport, not because security personnel did not catch it earlier. Although security personnel have a duty to perform their jobs in certain way, it would not be a legal duty to give you a cause of action. (I have a feeling you may not be pleased with the answers you receive to your question.)

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Answered on 6/28/11, 12:45 pm


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