Company Story

Preventing the Abu Dhabi Preclearance Problem from Repeating Itself Elsewhere

Preclearance is the process by which U.S.-bound air passengers are approved for entry into the United States at designated last-point-of-departure airports abroad. U.S. Customs and Border Protection (CBP) officers stationed overseas conduct inspections prior to departure, allowing passengers to arrive in the U.S. as if they were on a domestic flight. Upon landing, travelers deplane directly into domestic terminals, bypassing immigration and customs lines and proceeding freely to their final destination or connecting flight.

In December 2011, the Department of Homeland Security (DHS), the United Arab Emirates (UAE), and Abu Dhabi International Airport (AUH) initiated discussions to establish a passenger preclearance

facility at AUH. The agreement was announced on April 15, 2013, and the facility became operational on January 24, 2014.

Historically, preclearance facilities have been strategically located at airports where U.S. carriers account for a significant portion—if not the majority—of air traffic to the United States. The AUH facility marked a sharp departure from this precedent. No U.S. airline operates direct flights between Abu Dhabi and the United States. The only carrier offering such service is Etihad Airways, the state-owned national airline of the UAE, which stood to benefit disproportionately from CBP-provided preclearance operations.

The establishment of preclearance in Abu Dhabi faced unified opposition from U.S. airlines, airports, and labor unions, all of which argued that the move unfairly disadvantaged them. When efforts to block the facility proved unsuccessful, stakeholders shifted their focus to preventing similar expansions in the future.

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The Strategic Driver and Industry Objective

Despite repeated appeals from U.S. airlines, airports, and labor unions, DHS leadership discounted concerns and moved forward with the AUH facility. In response, industry stakeholders launched a campaign to educate Members of Congress, build substantial and vocal opposition to further Middle East expansion, establish requirements and conditions for future facilities, and redirect CBP resources toward reducing wait times at domestic ports of entry.

The Campaign and How Kevin Helped

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  • The campaign ramped up congressional communications to DHS opposing the Abu Dhabi facility and any further Middle East expansion. Kevin helped spearhead a bipartisan congressional letter to DHS Secretary Janet Napolitano, signed by 150 Members of Congress, expressing opposition to the AUH facility.

  • The campaign targeted DHS’s budget to restrict funding for preclearance expansion. Until authorizing legislation could be passed, Kevin helped insert language into the base text of the FY 2014 Homeland Security Appropriations Act prohibiting the use of funds for CBP preclearance in new locations unless specific conditions were met

  • The campaign advanced legislation to mandate that certain requirements be met prior to any future preclearance expansion. Kevin led efforts to introduce the Preclearance Authorization Act of 2014, a bipartisan bill establishing a new process for authorizing future CBP preclearance facilities abroad.

The Ultimate Outcome

The campaign succeeded. First, a broad coalition of informed legislators voiced strong opposition to the AUH facility. Then, Congress passed legislation to temporarily restrict CBP spending on preclearance expansion. Finally, on February 25, 2016, the Preclearance Authorization Act became law.

As a result, CBP is now required to solicit stakeholder input, meet specific criteria, and certify key actions before opening additional preclearance locations—and only at airports served by U.S. airlines. The AUH case underscores the importance of transparency and stakeholder engagement in preclearance decisions and ensures that equitable access and protection of U.S. aviation interests remain central to any future expansion of the program.