What Happens When CBP Seizes Your Money or Property at a Houston Airport?

Key Takeaways

• At Houston airports, CBP can seize your cash or property on the spot based on probable cause without arresting you, and you must act quickly to avoid losing it permanently.
• Carrying more than $10,000 across an international border without filing a FinCEN 105 Form is a common reason for cash seizures, even when the money is legally earned.
• CBP frequently seizes cash, jewelry, luxury goods, and electronics when items are undeclared or suspected of being tied to illegal activity.
• After the seizure, CBP should serve notice on any interested party within 60 days, and you often have only 35 days from the date it was SENT (not received), or 30 days from the end of the publication period to respond.
• If you do not respond in time, your property can be forfeited automatically without the government ever going to court.
• Despite how CBP may make it sound, the process of getting your property back is not as simple as just asking for it. The process is often complex, has deadlines and needs to be handled in a manner that doesn’t expose you to criminal prosecution.

You’re at George Bush Intercontinental Airport (IAH), about to board your flight, when a U.S. Customs and Border Protection (CBP) officer stops you after TSA screening and questions you about the cash in your bag. You explain that you’re attending a fine art fair in Paris, where cash purchases are preferred, but the officer remains skeptical.  Moments later, your property is taken despite your protests, with the officer handing you a receipt and directing you to board the aircraft.

This happens a lot at airports across the country. Under the current federal civil asset forfeiture law, the agency can seize property based on probable cause alone, which is a legal standard far below what’s required to charge or convict someone of a crime. In this guide, we’ll explain exactly why CBP has the authority to seize property at Houston airports, what the forfeiture proceedings look like, and how an airport cash seizure lawyer like Amanda Skillern can help you fight for the return of your money.

What Is CBP and Why Do They Seize Property?

U.S. Customs and Border Protection is a federal agency under the U.S. Department of Homeland Security. It’s also the largest federal law enforcement agency in the country. CBP’s primary responsibility is securing U.S. borders and ports of entry, which includes every international arrival terminal at George Bush Intercontinental Airport. Every traveler who passes through an international flight checkpoint at IAH is subject to CBP’s authority, regardless of citizenship.

Customs and Border Protection draws its power to seize property from several federal statutes. These are just two of them:

• Under 19 U.S.C. § 1595a, CBP can seize merchandise introduced into the U.S. in violation of customs laws. 
• Under 31 U.S.C. § 5317, the agency can seize currency connected to unreported international transfers of $10,000 or more. 

These statutes fall under federal civil asset forfeiture law, meaning CBP can take your property before or after an international flight without filing criminal charges against you.

The three most common triggers for a CBP seizure at a Houston airport are:

• Failing to declare cash or monetary instruments totaling more than $10,000
• Carrying goods that are undeclared or prohibited under U.S. import laws
• Traveling with property that an officer suspects is connected to drug trafficking or another federal crime

You don’t have to be arrested for any of these seizures to happen. Probable cause, which can be as thin as a K9 alert or a large amount of cash with no clear explanation, is all CBP’s law enforcement team needs to act.

What Property Typically Gets Seized at Houston Airports?

• Cash: Currency seizures are the most common actions taken at Houston airports. If you’re carrying a dollar amount of $10,000 or more and didn’t file a FinCEN 105 form you’re at immediate risk of airport money seizures regardless of where it came from.
• Luxury Items: Jewelry and luxury goods are also frequently taken, particularly when U.S. authorities suspect the items were purchased abroad and brought into the country without proper declaration or duty payment. 
• Electronics: Electronics like phones and laptops are subject to search and, in some cases, seizure when Customs and Border Protection suspects they contain evidence related to a crime. 
• Vehicles: Vehicles are less common at airports specifically, but are often seized by CBP at ports with the justification that the paperwork isn’t in order. 

What Happens During the Seizure Process at the Airport?

When Customs and Border Protection stops you at IAH or Hobby, the questioning starts immediately. Officers will typically ask about your travel plans, the purpose of your trip, and the origin of any cash or valuables you’re carrying. They may ask you to open your luggage, empty your pockets, or explain why you have a large amount of currency. Anything you say during this stop can be used to build the government’s case for keeping your property.

Once CBP decides to seize your cash or other assets, it places them into federal custody. You may be asked to sign documents during this stage, but be aware that signing does not mean you’re agreeing to give up your property permanently. Those documents are acknowledgments of the seizure, not a waiver of your right to contest it.

Before you leave the checkpoint, CBP should provide you with a Custody Receipt for Seized Property and Evidence, which is a form that lists what was taken and the stated reason for the seizure. In currency seizures, an exact amount is often not listed because some of the currency could be counterfeit, in poor condition, etc. In some cases, a formal Notice of Seizure is handed to you at the airport, but it can also arrive by mail weeks later. That notice starts the clock, giving you limited time to contest the border cash seizure and demand your property back.

Civil Asset Forfeiture Explained

Civil asset forfeiture is a federal legal process that treats your property as the defendant, not you. Because the case is technically against the property itself, the government can pursue forfeiture proceedings even if you’re never charged with a financial crime. The case name in a federal forfeiture action often looks something like United States v. $45,000 in U.S. Currency.

To initiate a forfeiture, the government only needs probable cause to believe your property is connected to a violation of federal law. That’s a low bar. A large amount of undeclared cash, a one-way ticket, a prior criminal record, or even a nervous demeanor during questioning can collectively satisfy probable cause in the eyes of a federal agent. Once that threshold is met, the burden shifts to you to prove your property is legitimate.

What makes civil asset forfeiture particularly challenging is that it runs on a separate track from any criminal case. If Customs and Border Protection seizes $20,000 from you before your international flight at IAH and the U.S. Attorney’s office decides not to prosecute you criminally, the forfeiture action can still move forward, and the government can still keep your seized money. An acquittal or a decision not to charge you doesn’t automatically result in the return of your property.

What Happens After Your Property is Taken?

Once CBP takes your property at IAH, Hobby, or any other United States airport, the agency formally processes the seizure and assigns it a case number. At that point, your property is in federal custody, and the government is under no obligation to return it unless you take action to contest the seizure within the appropriate deadline.

Federal law requires CBP to send you a written Notice of Seizure, typically within 60 days of the date your property was taken. That notice, which arrives by certified mail to the address CBP has on file for you, will identify the seized goods, state the grounds for seizure, and lay out your options for responding. The deadline is typically 35 days from the date the notice is sent, not the date you receive it. If that window closes without a response from you, CBP can administratively forfeit your property without ever going to court. 

Your Options to Get Your Property Back

The Notice letter sent by CBP will list multiple options for responding to their seizure, different deadlines for each, usually contains detrimental instructions (such as not contacting CBP for at least a month after the seizure) and typically has forms attached that aren’t the best way to proceed. 

A federal civil asset forfeiture attorney like Amanda Skillern can identify which response option gives you the best chance of recovering the seized goods and navigate strategically through that process without exposing you to other negative consequences such as criminal prosecution, additional seizures or even further investigation. An attorney can also help you pull together bank records, wire transfer confirmations, business invoices, and other evidence before your deadline runs out. Without legal counsel, it’s easy to choose the wrong path, submit the wrong (or incomplete) form, or miss a filing deadline, permanently closing your options.

FAQS About Federal Civil Asset Forfeiture

Can CBP Take My Money Without Charging Me With a Crime?

Yes. Under federal civil asset forfeiture law, CBP can seize your cash or property based on probable cause alone, with no criminal charges required. The forfeiture action is filed against the property itself, not against you personally, which means the government can pursue and keep your seized money even if you’re never arrested, indicted, or convicted. 

How Long Does It Take To Get Seized Money Back?

It depends but, typically a CBP seizure case takes at least six months. The process can be further delayed by intervening circumstances, such as a government shutdown. The sooner you respond after receiving the seizure paperwork, the sooner the process moves forward.

Is Carrying Cash Illegal?

No. However, if you’re crossing an international border with negotiable monetary instruments of $10,000 or more, federal law requires you to declare it by filing a FinCEN Form 105 with CBP. The declaration requirement applies to currency going in both directions, whether you’re arriving in the U.S. or departing from it.

Was Your Property Seized at a Houston Airport? Call the Law Office of Amanda Skillern!

Cash seizures at IAH, Hobby Airport, or any other United States airport are frustrating, but not the end of the road. Federal law gives you the right to contest the seizure, demand that the government prove its case, and recover what was taken. When you quickly hire experienced legal representation and work with them to provide documentation of the legitimate source and intended purpose of your money or property, you stand the best chance of getting your property back.

If CBP seized your cash or property, call the Law Office of Amanda Skillern, PLLC now. Attorney Amanda Skillern has spent years handling federal civil forfeiture cases involving CBP, and can help you evaluate your options as well as protect your rights. She can review the forfeiture claim and respond by demanding the return of the cash seized. To schedule a confidential case evaluation with a civil asset forfeiture lawyer in Harris County, call us at 832.954.4722 or contact our legal team online today.