Airport Cash Seizures: What to Do if TSA or DEA Takes Your Money

Airport Cash Seizures: What to Do if TSA or DEA Takes Your Money

Cash-carrying travelers are frequently targeted for civil asset forfeiture at airports. Learn why TSA and DEA seize cash from passengers, recent changes to these seizure programs, and how to protect your money – plus what to do if your cash gets taken.

Airport Cash Seizures: What’s Happening?

Travelers flying with large sums of cash are increasingly encountering an alarming problem: airport cash seizures by federal agencies. Under civil asset forfeiture laws, agencies like the Drug Enforcement Administration (DEA) or Customs (a part of the Department of Homeland Security) can seize money from passengers without charging them with a crime. In fact, DHS agencies seized over $2 billion in cash at U.S. airports between 2000 and 2016, and in most cases the owners were never accused of any wrongdoing. This means you could have your money taken simply because an agent suspects it might be linked to illicit activity – even if you’ve committed no crime.

Why Do TSA or DEA Seize Cash at Airports?

There are a few common triggers for cash seizures at airports:

• Failure to Report Large Amounts: If you carry more than $10,000 in cash on an international trip and don’t file the required currency report, Customs can seize it for a mere paperwork violation. About half of airport currency seizures are for nothing more than not filing the form when leaving or entering the U.S..
• “Suspicious” Travel Patterns: The DEA has run programs targeting travelers who fit certain profiles. For example, one now-suspended program had airline staff tip off agents whenever someone bought a last-minute ticket, which agents took as a red flag to confront the passenger and search for cash. Traveling one-way, with small luggage, or other arbitrary factors might draw scrutiny.
• Canine Alerts or Intel: Drug-sniffing dogs or interagency intel can lead TSA to flag luggage containing cash. Even if the dog simply detects residual odors (not illegal currency), agents might detain your money on suspicion.

Once cash is found, agents often assume it’s drug money or evidence of crime. Critically, you don’t have to be charged or convicted – the law allows taking the property first, and you must later prove it’s legitimate to get it back.

Recent Changes: DOJ Suspends a Controversial Program

In late 2024, there was a positive development for travelers’ rights. The Department of Justice suspended the DEA’s airport cash seizure program after a watchdog investigation found serious legal and ethical issues. The DOJ’s Inspector General reported that DEA agents weren’t even following the agency’s own policies for “consensual encounters” in airports, creating “significant legal risks”. Critics have long argued that such programs infringe on constitutional rights and create perverse profit incentives for law enforcement.

Notably, the Institute for Justice – a civil liberties group – has a pending lawsuit against the DEA and TSA challenging airport seizures. The suspension of the DEA program in November 2024 is a victory for reformers, suggesting authorities acknowledged the abuse. However, TSA and other agencies can still seize cash during routine screenings or customs checks, so travelers must remain vigilant.

Know Your Rights When Traveling with Cash

If you choose to fly with a significant amount of cash, it’s important to understand and assert your rights:

• Domestic Travel: TSA officers are primarily for security (weapons/explosives) and are not supposed to confiscate cash just because you have a lot. There’s no law capping how much cash you can carry on domestic flights. However, TSA sometimes alerts law enforcement if they find a “suspicious” sum. Politely ask if you are free to leave. Unless they have a warrant or probable cause, you can decline any further search.
• International Travel: You must declare if carrying over $10,000 when leaving or entering the U.S. (use FinCEN Form 105). If you don’t and they find your money, it will almost certainly be seized on the spot for violation of reporting laws. Always file the report to avoid this trap.
• Probable Cause and Consent: DEA agents or local police at airports often rely on “consent” to search bags or interrogate you. You have the right to refuse consent to a search if they lack a warrant. Be respectful but firm. Ask if you are being detained or if you’re free to go.
• Stay Calm and Don’t Lie: If questioned, remain calm. Lying to federal agents is a crime on its own. It’s better to politely decline to answer questions than to provide false information.

What To Do If Your Cash is Seized

Having your money taken by authorities is frightening, but you can fight to get it back. Here are the steps to take if TSA, DEA, or customs agents seize your cash:

1. Get Documentation: Make sure you receive a receipt or seizure notice paperwork before you leave. This should detail the amount taken and which agency is responsible. It often includes instructions for filing a claim.
2. Consult an Attorney Quickly: Deadlines are crucial. In federal civil forfeiture cases, you typically have as little as 30 days to file a claim to contest the seizure. Failing to act in time means you forfeit the money by default. An experienced asset forfeiture attorney can help prepare the claim and any required response.
3. File a Claim for Court Action: By filing a verified claim of ownership, you force the government to file a forfeiture lawsuit in court (instead of summary forfeiture). This gives you a chance to argue your case before a judge. Remember, under civil forfeiture, you carry the burden to prove the cash is from legitimate sources, which can be challenging. Provide any proof (bank withdrawal records, business receipts, etc.) that the money is lawfully yours.
4. Request Return of Funds: In some instances, you can file a petition for remission or mitigation with the agency, essentially asking for discretionary return of the money. However, this doesn’t give you a court hearing and relies on the agency’s mercy – often not fruitful if you truly did nothing wrong. It’s usually better to file a claim and go to court.
5. Fight the Forfeiture in Court: If your case goes to court, your attorney can argue there was no probable cause to seize the cash, or that you are an “innocent owner.” Many airport seizure cases never accompany any criminal charge, which you can point out as evidence of the weak basis for the seizure. Courts have occasionally criticized prolonged seizures with no charges as violations of due process (though a recent Supreme Court ruling limited some protections – see our Due Process article for details).

Protect Yourself: Tips for Flying with Cash

The safest approach is to avoid traveling with large sums of physical cash if possible – use electronic transfers or cashier’s checks for big transactions. If you must carry cash:

• Document the Source: Have paperwork (like withdrawal slips, sale invoices, etc.) showing where the cash came from. While not legally required, it may help prove legitimacy on the spot.
• Consider Alternatives: Money orders or prepaid travel cards can be easier to explain than a brick of cash.
• Be Polite and Know the Law: If stopped, you can mention that carrying cash is not a crime and that TSA has no regulations against it. Ask if you are free to go. Sometimes showing confidence in your rights deters further hassle.
• Travel with a Witness: If possible, having someone with you can later serve as a witness to the encounter in case of any dispute over what happened. Also, record the interaction on your phone if it’s legal in that jurisdiction – a recorded conversation can be valuable.

Conclusion: Stand Up for Your Money

Airport cash seizures remain a risk, but recent policy changes show that public pressure is prompting reform. If your money is seized at an airport, don’t assume it’s gone for good. You have the right to fight back, and many people do successfully recover their funds with legal help. Remember, being suspected is not the same as being guilty, and the government must ultimately justify taking your property. For the best chance of recovery, act quickly and get professional legal assistance.

If TSA or DEA agents have taken your cash, you’re not alone – and you have options. Contact Forfeiture Attorney Sebastian Rucci for a free consultation on how to reclaim your seized money. With 27+ years of experience in federal seizures, Sebastian can help you assert your rights and fight the forfeiture in court. Don’t let the government keep your hard-earned money without a fight – call 502-901-0199 today for help recovering your property.