Have any of you read the bill?
It really does nothing to change the status quo. There are so many exceptions and loopholes. Here's just one...
(formatting edited for clarity)
(3) APPLICABILITY.—The border emergency authority shall only be activated as to aliens who are not subject to an exception under paragraph (2) and who are, after the authority is activated, within 100 miles of the United States southwest land border and within the 14-day period after entry.
So if you make it to Chicago, you're good to go. LOL
Read it yourself:
https://www.appropriations.senate.g..._national_security_supplemental_bill_text.pdf
The 100 mile border zone has long been part of immigration enforcement. It is not anything new.
WHAT IS THE 100-MILE BORDER ENFORCEMENT ZONE?
https://www.southernborder.org/100_mile_border_enforcement_zone
The U.S. Customs and Border Protection (CBP), which includes the Border Patrol, is the largest law enforcement agency in the country. Their jurisdiction they claim spans 100 miles into the interior of the United States from any land or maritime border. Two-thirds of the U.S. population lives within this 100-mile border enforcement zone, including cities like Washington D.C., San Francisco CA, Chicago IL, New Orleans LA, Boston MA, & more.
Because these are considered border cities, federal border and immigration agents assert the power to board public transportation or set up interior checkpoints and stop, interrogate and search children on their way to school, parents on their way to work, and families going to doctor’s appointments or the grocery store — all done without a warrant or reasonable suspicion.
How can CBP agents do this? Unlike other federal agencies, CBP officers are uniquely granted
extraordinary and unprecedented powers. These extraordinary powers state that officers are able to racially profile, stop, frisk, detain, interrogate, and arrest anyone without a warrant or reasonable suspicion. The Fourth Amendment is intended to protect all people against unreasonable searches and seizures. Every other federal law enforcement agency, except CBP, requires either a warrant or "reasonable grounds" for an officer to act without a warrant.
100 Mile Border Zone
https://www.aclu.org/know-your-rights/border-zone
Legal authority for the Border Patrol
https://help.cbp.gov/s/article/Article-1084?language=en_US
The U.S. Customs and Border Protection (CBP) Office of Border Patrol is responsible for securing the U.S. border between the ports of entry.
To do this, they use a layered approach that includes patrolling the border itself, (including the use of electronic surveillance devices), patrolling nearby areas and neighborhoods where illegal immigrants can quickly fade into the general population, and conducting checkpoints - both stationary and temporary.
The authority for this is based on the Immigration and Nationality Act 287(a)(3) and copied in 8 Code of Federal Regulations (CFR) 287 (a)(3), which states that Immigration Officers, without a warrant, may "within a reasonable distance from any external boundary of the United States...board and search for non-citizens 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.
Two key court decisions affirm the authority of the Border patrol to operate checkpoints and to question occupants of vehicles about their citizenship, request document proof of immigration status, and make quick observations of what is in plain view in the interior of the vehicle.
In United States v. Martinez Fuertes (1976) the U.S. Supreme Court balanced the governmental interest in stopping illegal immigration against the Fourth Amendment's protections against unreasonable search and seizure, finding that only minimal intrusion existed to motorists at reasonably located check points, even in the absence of reasonable or individualized suspicion.
In United States v. Gordo Marin, the U.S. Supreme Court also found no substantive difference between a permanent or temporary checkpoint. Border Patrol checkpoint case law has provided the basis for numerous other checkpoints beneficial to the public, such as DUI checkpoints, driver's license/proof of registration checkpoints, etc.
Border Patrol checkpoints do not give Border Patrol Agents carte blanche to automatically search persons and their vehicles, other than in the manner described above. To conduct a legal search under the Fourth Amendment, the agents must develop particularly probable cause to conduct a lawful search.
Probable cause can be developed from agent observations, records checks, non-intrusive canine sniffs, and other established means. Motorist's may consent to a search but are not required to do so.
The Border Patrol protects the United States by interdicting terrorists, illegal narcotics, and non-citizens attempting to egress away from the border area into the interior portions of our nations.
