'You just can’t walk up to people with brown skin and say give me your papers,' a judge said in ordering the Border Patrol to halt warrantless sweeps in California.
This is settled law. 8 U.S.C. § 1357(a)(3) allows immigration officers to conduct warrantless searches and interrogations “within a reasonable distance” of the border. The term “reasonable distance” has been defined by regulation (8 C.F.R. § 287.1) as within 100 miles of any U.S. international boundary or coastline.
There is one exception in case law: they cannot stop vehicles at random without “reasonable suspicion” outside of fixed checkpoints (based on United States v. Brignoni-Ponce, 422 U.S. 873 (1975)).
The judge has not decided the case yet, but she likely understands the above well, and any judgement will be narrow and specifically within the confines of existing statute and precedent. U.S. border security laws have always been incredibly broad and arguably draconian. Successive administrations on the left and the right have kept it that way.
Cracks me up that Tulsa, Oklahoma has a 100-mile boundary around the international airport. You’d have to go up to Kansas to get any closer to the center of the US.
This is settled law. 8 U.S.C. § 1357(a)(3) allows immigration officers to conduct warrantless searches and interrogations “within a reasonable distance” of the border. The term “reasonable distance” has been defined by regulation (8 C.F.R. § 287.1) as within 100 miles of any U.S. international boundary or coastline.
There is one exception in case law: they cannot stop vehicles at random without “reasonable suspicion” outside of fixed checkpoints (based on United States v. Brignoni-Ponce, 422 U.S. 873 (1975)).
The judge has not decided the case yet, but she likely understands the above well, and any judgement will be narrow and specifically within the confines of existing statute and precedent. U.S. border security laws have always been incredibly broad and arguably draconian. Successive administrations on the left and the right have kept it that way.
Don’t forget that international airports count as an international boundary, so that basically covers the whole country.
Cracks me up that Tulsa, Oklahoma has a 100-mile boundary around the international airport. You’d have to go up to Kansas to get any closer to the center of the US.
Settled law ain’t what it used to be.
Hell, law aint what it used to be.
Or, at least, we’d like to believe that. In the absence of meaningful opposition there doesn’t seem to be much substance to settled law.