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One important fact that wasn't even mentioned in this article is that some CBP powers extend for 100 miles from every border: https://help.cbp.gov/app/answers/
by bonestamp2 7y ago
One important fact that wasn't even mentioned in this article is that some CBP powers extend for 100 miles from every border:
https://help.cbp.gov/app/answers/detail/a_id/1084/~/legal-authority-for-the-border-patrol https://help.cbp.gov/app/answers/detail/a_id/1084/~/legal-au...
That means, at any time, they can question ~63.5% of the population:
https://www.citylab.com/equity/2018/05/who-lives-in-border-patrols-100-mile-zone-probably-you-mapped/558275/ https://www.citylab.com/equity/2018/05/who-lives-in-border-p...
- ncmncm 7y agoAnd, indeed, harass. With impunity.
- tptacek 7y agoThat is not in fact true, and was in fact litigated in front of the Supreme Court. Unfortunately, 3/4 of the Internet believes it to be true because the ACLU fundraises on that claim.
- jhart99 7y agoCan you point me in the direction of that case. I can only find cases where the border zone was upheld in arguments before the Supreme Court in https://en.m.wikipedia.org/wiki/United_States_v._Martinez-Fuerte https://en.m.wikipedia.org/wiki/United_States_v._Martinez-Fu...
- tptacek 7y agoDid you read Martinez-Fuerte or just the Wikipedia page on it? If you haven't read the actual opinion, start there.
- nerdponx 7y agoCan you provide any kind of summary, for the people who don't have the time or wherewithal to read a full Supreme Court opinion?
- tptacek 7y agoYou can check citizenship within that zone (possibly depending on reasonable belief of a proximate border crossing) but are not automatically subject to border search. But, really, read the opinions. They’re quite well written.
- bonestamp2 7y agoWhich part is not true? It literally says on the .gov page that I linked to that they can: "board and search for aliens in any vessel within the territorial waters of the United States and any railcar, aircraft, conveyance, or vehicle. 8 CFR 287 (a)(1) defines reasonable distance as 100 air miles from the border"
- tptacek 7y agoI'm sure there is a .GOV page that says that. The Supreme Court says no, that's not how it works.
- mud_dauber 7y agoI returned from a vacation trip to the Brownsville TX area last year, and spent roughly an hour getting through a Border Patrol checkpoint roughly 100 miles north of our departure point on TX route 77. I can assure you that we were interrogated (politely) about our citizenship.
- infinite8s 7y agoIt may be that the Supreme Court says no, but the vast majority of people aren't going to litigate the issue if stopped.
- deleted 7y ago[deleted]