The class action lawsuit follows a 2019 incident.
U.S. law enforcement can seize cash from travelers at airports if they are suspicious of its origins. But a group of travelers, who believe it’s an overreach, want to stop this practice.
This effort stems from a 2019 case involving a woman traveling with thousands of dollars through Pittsburgh, Pennsylvania, when her cash was seized. It took her more than six months to get it back, but she—along with other travelers in similar situations—filed a class action lawsuit against the Transportation Security Administration (TSA) and Drug Enforcement Administration (DEA) to prevent more such incidents.
The Background
In 2019, Rebecca Brown was flying from Pittsburgh to Boston with $82,000, her father’s life savings. Her father, a retired railroad engineer, had saved the money over many years and kept it at home before handing it to his daughter when he moved to a smaller apartment. He asked Brown to take it to Boston and deposit it in a joint bank account. But the money was confiscated by federal agents at the airport.
Before traveling, Brown confirmed there were no restrictions on traveling with cash domestically in the United States, she explained in a 2020 video. However, TSA agents found the money during security screening and questioned her, followed by the DEA. The cash was seized by the DEA, but Brown was not charged or arrested. She described the impact on her family, as the money was set aside for her father’s dental care and truck repairs.
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To recover the money, she partnered with the nonprofit Institute for Justice and filed a federal class action lawsuit. In 2020, the DEA returned the money, but the lawsuit continued. “The government shouldn’t be able to take money for no reason, hang on to it for months and then give it back like nothing happened, which is why the lawsuit we filed will continue,” she said.
Two others, Stacy Jones and Matthew Berger, also joined the class action lawsuit after $43,000 and $55,000, respectively, were seized from them. In all three cases, no one was charged, but the money was not returned until attorneys intervened.
Last week, a federal judge heard arguments from attorneys representing the plaintiffs in a federal court in Pittsburgh. “We think there is no dispute of material facts that the TSA unlawfully and unconstitutionally stops and seizes travelers with cash at the airport, even though it admits it poses no threat to transportation security,” said Dan Alban, senior attorney for the Institute for Justice. Alban also emphasized that law enforcement agencies keep the cash they seize.
Government attorneys argued they acted within legal parameters and asked for the case to be dismissed. However, Alban insisted there are no clear guidelines for what is considered suspicious. “In some of the TSA depositions, they said as little as $100 in 100 one-dollar bills would still count as a large amount of currency,” he added.
A ruling on the case is still pending.
Flying With Cash
Travelers should know there is no limit to how much cash a person can carry on domestic flights. But if you’re traveling internationally, you must declare amounts over $10,000 to customs when entering or leaving the United States. This includes U.S. dollars, foreign currency, traveler’s checks, and money orders. Failure to report may result in confiscation, fines up to $500,000, or imprisonment for up to 10 years.
On domestic flights, there is no need to report large sums. However, the TSA is entitled to inspect cash and alert law enforcement if they find it suspicious.
TSA agents cannot seize your cash; they must involve law enforcement.
Flying with a large amount is legal, but your money can be seized by law enforcement if they suspect criminal activity or laundering. Once seized, the process to prove the money was earned legally and reclaim it can be lengthy. If you travel with a large sum, carry receipts or proof of funds to avoid scrutiny.
