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Bob Ferguson
ATTORNEY GENERAL OF WASHINGTON
Administration Division
PO Box 40100 •Olympia WA 98504-0100 • (360) 753-6200

May 28, 2019

Via Electronic Mail

Tricia A. Martinez
Sr. V.P. Legal Affairs
Greyhound Lines, Inc.
PO Box 660362
Dallas, TX 75266-0362
tricia.martinezggreyhound:com

RE: Greyhound's Responsibilities to Address Warrantless Immigration Bus Sweeps


in Washington

Dear Ms. Martinez:

I write to follow up on our meeting of May 2, 2019, regarding Greyhound Lines, Inc.'s
(Greyhound), practice of allowing U.S. Customs and Border Protection (CBP) agents to board
Greyhound buses in Washington and question passengers. As we discussed, in order to avoid the
need for an enforcement action by my office, I expect Greyhound to take prompt action to
prevent further violations of the rights of passengers traveling through my state. You requested
that I provide a list of actions that could put Greyhound on a path toward compliance with
Washington law. This letter responds to your request.

First, Greyhound should issue a public statement clarifying that Greyhound does not grant
permission for CBP to conduct immigration sweeps on its buses, and that CBP has never boarded
buses pursuant to Greyhound's consent. Clarification on this point is necessary because
Greyhound has not previously made clear that it does not consent to the bus sweeps. It is not
enough for Greyhound to state that it "does not support or coordinate searches by CBP."1 As we
shared during our meeting, CBP takes the legal position that it boards buses pursuant to consent
from Greyhound drivers. Greyhound's clarification that it does not grant permission for
immigration checks is critical, because without Greyhound's permission, federal immigration
officers must articulate an alternate, lawful basis for their ticketless entry.

Putting the onus on CBP to articulate a lawful basis for warrantless sweeps should be an easy
step for Greyhound to take. A strong, public statement is consistent with Greyhound's duties
under federal and state law, including as a common carrier. It is also consistent with

I Letter from Tricia Martinez, Sr. V.P. Legal Affairs to Bob Ferguson, Washington State Attorney
General (Feb. 26, 2019).

@155 c,
ATTORNEY GENERAL OIL WASHING`FON
Tricia A. Martinez
May 28, 2019
Page 2

Greyhound's public statements that it does not support immigration bus raids, and that CBP only
boards buses pursuant to CBP's interpretation of federal law. At our meeting, you told me that
Greyhound disagrees with CBP's characterization of Greyhound's consent. Greyhound's CEO
appears to share your frustration, stating that Greyhound dislikes the immigration checks because
the stops create "delays, missed connections, and unhappy customers."2 Thus, we request
Greyhound immediately issue a public statement clarifying that Greyhound has never consented
to CBP boarding its buses and does not, as a matter of corporate policy that is not subject to
override by any individual driver, consent to federal law enforcement officers boarding its buses
to conduct immigration sweeps.

Second, Greyhound should provide notice of Greyhound's non-consent to CBP's immigration


sweeps via a sticker on or near the door of each bus passing through Washington. The sticker
should state substantially the following: "Greyhound does not consent to non-ticketed persons
boarding this bus. Law enforcement officers must have a lawful basis, such as a judicial warrant
or probable cause, to board." Greyhound could also create a laminated card for a driver to hand
to any individual who attempts to board the bus without a ticket, in order to advise that person of
Greyhound's corporate position. I believe the sticker and card can be implemented in a way that
does not jeopardize the safety of Greyhound drivers or require them to engage in any legal
analysis. Greyhound should train drivers to simply point at the sticker and hand over the
laminated card when CBP agents attempt to board.

Third, Greyhound should provide customers with, notice at the point of sale that CBP bus sweeps
are an expected interference with travel schedules and passenger experiences. Greyhound's
notices about CBP sweeps are currently buried on its website where everyday ticket buyers are
unlikely to look. There is no link anywhere on Greyhound's main "Book a Trip" page indicating
that bus sweeps occur. Instead, information regarding immigration checks appears only after
navigating to the "Help and Info" page, then. clicking "Travel info," then clicking on the vaguely
titled, "Your rights & rules on board," and finally scrolling all the way to the bottom of the page.
To provide adequate notice, every ticket sold on a route that travels through Washington should
trigger a warning at the point of sale — and before the ticket purchase is finalized — that the ticket
buyer must view and accept.

Fourth, Greyhound should provide additional training to Greyhound staff regarding Greyhound's
corporate policies — in particular, Greyhound's non-discrimination policies, its policies limiting
cooperation with CBP immigration checks, and its position that it does not support or consent to
them. During our meeting, we raised concerns that some Greyhound employees at the Spokane
Intermodal Facility appear to be coordinating with CBP, including by requesting citizenship
information from passengers and sharing a restricted drivers' lounge with CBP officers. You
stated that such practices would be at odds with Greyhound's corporate policies and agreed to
investigate. We appreciate your cooperation in addressing these specific concerns, and request

z Letter from David Leach, President/CEO, Greyhound Lines, Inc. to Rep. Joaquin Castro (June 15,
2018).
ATTORNEY GENERAL OF WASHINGTON
Tricia A. Martinez
May 28, 2019
Page 3

additional and ongoing training as appropriate to ensure employees' actions are consistent with
Greyhound's corporate policies and values.

Fifth, during our meeting we discussed the incident reports that Greyhound drivers are instructed
to complete when CBP officers board Greyhound buses. These reports contain information about
each. incident including the date, route, number of passengers taken off the bus, number of
passengers detained, and length of any corresponding delay. I request copies of all such incident
reports involving incidents occurring in Washington from January 1, 2016 to the present. I also
request that Greyhound maintain in their current form any and all records that may be relevant to
the concerns I have expressed regarding Greyhound's relationship with CBP. No such records,
including those maintained electronically, should be altered or destroyed pending a resolution of
my inquiry.

Finally, and per your request, I offer my office's assistance in convening a community round
table in Spokane, Washington, so that your corporate decision makers can hear directly from
those most impacted by the immigration bus raids. Please contact Civil Rights Division Chief
Colleen Melody, at colleen.melody@attg.wa.gov or (206) 464-7744, to coordinate dates and to
identify community groups, local lawmakers, city officials, and others whose participation may
benefit Greyhound.

I request that you provide me with a written response on these six action items by June 18, 2019.
By the same date, I also request that you provide copies of the incident reports referenced above.
Thank you in advance for your cooperation and continued attention to this important issue.

Sincerely,

BOB FERGUSON
Washington State Attorney General

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