TSA Faces Lawsuit Over Little-Known Rule

Most frequent flyers are aware of the common rules for the Transportation Security Administration (TSA), like the rules limiting the amount of liquid that can be taken in carry-on luggage and the rules limiting weapons and sharp objects. However, there is one lesser-known rule that is currently facing a legal challenge.

While federal law requires those traveling in or out of the United States with currency exceeding $10,000 to report it to U.S. Customs and Border Protection, no such limitation exists for domestic flights. However, that does not prevent the TSA or the Drug Enforcement Administration (DEA) from seizing your cash if it's deemed to be a suspicious or large amount.

The TSA has a history of confiscating large amounts of cash from domestic travelers, and the agency seemingly indicates that a "large" amount of cash may be as little as $100. But a new lawsuit is challenging the legality of that seizure.

Large Amounts of Cash?

You probably don't think twice about the amount of cash you carry through a TSA screening checkpoint, especially considering there is no explicit law or regulation limiting the cash you're permitted to take on domestic flights. However, that doesn't mean your cash won't get confiscated, even if it is less than $10,000.

According to an ongoing lawsuit, bringing currencies below $10,000 does not guarantee protection, as the TSA stated in depositions that as little as $100 "would still count" as a large amount and could be seized, according to attorney Dan Alban with the Institute for Justice, via The Travel.

Real Life Example

Back in August of 2019, Rebecca Brown was traveling through airport security carrying $82,373 in cash, described as the "life savings" of her father, Terry Rolin. The cash was flagged by the TSA and ultimately seized, even though there is no law against carrying that amount of cash through airport security.

“When she went through TSA transportation security screening at the Pittsburgh airport, TSA screeners pulled aside Rebecca’s carry-on luggage solely because they observed via X-Ray that it contained a ‘large’ amount of cash,” a lawsuit claims. “They did not further inspect her carry-on luggage or the cash to see if it was concealing any dangerous or prohibited items.”

The Institute for Justice, which describes itself as a nonprofit public interest law firm, filed a class-action lawsuit against the TSA and the DEA back in 2020. The lawsuit claims that the confiscated money was not returned for seven months.

Lawyer Speaks Out

Alban, who is representing the plaintiff in the class action lawsuit, has spoken out about the controversial and little-known rule, alleging that the TSA is "treating cash like its contraband."

“It's perfectly legal to fly with any amount of cash and travelers should not be subjected to any additional scrutiny — let alone seizure of themselves or their property — because they are traveling with ‘large’ amounts of cash," Alban said in a statement to People.

The litigation against both the TSA and the DEA is currently ongoing.