«We have seen in the context of parallel construction that they are obsessed with a particular Supreme Court case that might be obsolete and use it as a legal justification for what they want to do, ignoring that there might be decisions that might be at odds with what they want to do,» St. Vincent explained. «There`s a bigger problem with the government choosing and justifying things that when I sit down and look at these things as a lawyer, it doesn`t really hold up. Not in the categorical way they say. A bill introduced last spring by Sen. Kirsten Gillibrand, D-N.Y., would require Border Patrol officers to report any cases they stop in and question someone about their citizenship status. Currently, officers only need to document the arrests they have made, making it impossible to track trends in racial profiling or ongoing harassment of people living along the border. The Border Patrol also believes it has broad powers to verify the identities of people on buses or trains in the 100-mile border area, according to recent headlines. If the Border Patrol obtains permission from bus companies such as Greyhound, agents are allowed to board the bus and ask for identification. The CLA notes that officers are not required to inform travellers that they may refuse to show identification or that refusal will not be used as reasonable suspicion for a search. «The Fourth Amendment does not require police officers to inform bus passengers of their right not to cooperate and to refuse to consent to searches,» the ELC said.
Border guards have direct responsibility and participate in the interdiction of illicit narcotics and are regularly exposed to illicit substances. During the application process, you will be required to undergo a random drug test. Candidates who test positive will be disqualified. Check out current resources for applicants for frequently asked questions about drug testing. If a border guard is considering arresting someone, they have a checklist of possible behaviors to look out for. They can determine «if the vehicle or its load looks unusual in some way» or «if the occupants looked dirty.» If these descriptions are not correct, they may judge «if the people in the vehicle avoid looking at the officer» or vice versa, if the people in the vehicle pay undue attention to the presence of the officer. And if that`s not true, you can simply determine that the car is in an area near the border and stop it on that basis alone. CBP may be able to ask you for your documents, but that doesn`t mean you`re always required to comply.
«If an immigration officer stops you, you can choose to remain silent,» Adriana Piñon, a policy consultant and senior counsel at the ACLU of Texas, told Teen Vogue. She says the decision to remain silent or ask for a conversation with a lawyer could prolong your interaction with the officers, but it could also protect you from deportation. «When you`re talking to a law enforcement officer — and an immigration officer in particular — it`s very important to remember that anything you say can be used against you. If what you say gives them a reason to stop you, then they will or they can. The Fourth Amendment to the U.S. Constitution protects against arbitrary search and seizure of people and their property, including in this extensive border area. In addition, the jurisdiction of these officers generally extends only to immigration offences and federal crimes. And depending on where you are in that area and how long an officer is holding you, officers must have different levels of suspicion to detain you. As part of its efforts to enforce immigration regulations, CBP boards buses and trains in the 100-mile border region, either at the train station or while the bus is traveling. More than one officer usually gets on the bus and asks passengers about their immigration status, asks them to show them immigration documents, or both. These questions should be brief and relate to the verification of legal presence in the United States. While these situations are scary and it seems like CBP officers are giving you an order when they ask you questions, you don`t have to answer and can just say you don`t want to.
As always, you have the right to remain silent. These and other details were revealed in more than 1,000 pages of unpublished customs and border protection training documents obtained by the American Civil Liberties Union after a four-year legal battle and shared exclusively with The Intercept. The documents were finally released to the ACLU`s Border Litigation Project last August in response to a Freedom of Information Act request of 2014 focused on the policy of «roving patrols» of border patrols operating outside ports of entry and checkpoints, often venturing far inland. These mobile patrols can question, arrest and arrest people they suspect of illegally crossing the border or smuggling drugs or other contraband into the country. While Customs and Border Protection claim that a 1953 Justice Department regulation extends its jurisdiction 100 air miles from the border (which covers nine of the country`s 10 largest cities and two-thirds of its population), the ELC also provides a legal framework for a 25-mile zone around the border. where the Border Patrol thinks its agents can patrol private land and interrogate anyone. they meet (also in border cities like New York, Miami, and San Diego). According to the ELC, Border Patrol agents are not allowed to enter private homes or violate a person`s «reasonable expectation of privacy» if a citizen feels they don`t need to put something in the public domain and a law enforcement agency should get a search warrant.
What is less clear is how the Agency`s almost constant surveillance of the border area serves to limit this reasonable expectation of privacy. The federal government defines a «reasonable distance» as 100 air miles from each U.S. external border. By combining this federal order with the federal warrantless vehicle search law, CBP claims the authority to board a bus or train anywhere in this 100-mile zone without a search warrant. Two-thirds of the U.S. population, or about 200 million people, live in this expansive border region, according to the 2010 census.