The U.S. Border Patrol's Constitutional Erosion in the "100-Mile Zone" (2024)

FAQs

What is the 100-mile constitution free zone? ›

The federal government defines a “reasonable distance” as 100 air miles from any external boundary of the U.S. So, combining this federal regulation and the federal law regarding warrantless vehicle searches, CBP claims authority to board a bus or train without a warrant anywhere within this 100-mile zone.

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.

U.S. Customs and Border Protection is responsible for guarding nearly 7,000 miles of land border the United States shares with Canada and Mexico and 2,000 miles of coastal waters surrounding the Florida peninsula and off the coast of Southern California.

Traffic checks are conducted on major highways leading away from the border to (1) detect and apprehend individuals attempting to travel further into the interior of the United States after evading detection at the border and (2) to detect illegal narcotics.

Generally speaking, searches within 100 miles of the border are more permissible without a warrant than those conducted elsewhere in the U.S. The doctrine also allows federal agents to search people at border crossings without a warrant or probable cause.

The Fourth Amendment to the U.S. Constitution protects against arbitrary searches and seizures of people and their property, even in this expanded border area. Furthermore, as a general matter, these agents' jurisdiction extends only to immigration violations and federal crimes.

Checkpoint Marfa is 4.5 miles south of Marfa on the northbound side. Checkpoint Marathon is about the same on US385 south of Marathon. Checkpoint Alpine is south of Alpine.

The United States Border Patrol is the mobile, uniformed law enforcement arm of U.S. Customs and Border Protection within the Department of Homeland Security responsible for securing U.S. borders between ports of entry.

The southern border has been fighting an influx of illegal immigration. In 2021, U.S. Border Patrol saw the highest number of encounters with illegal immigrants on record. This influx is depleting local law enforcement officials' resources on the border, leading to communities that do not feel safe.

Generally, customs officers may stop people at the border to determine whether they are admissible to the United States, and they may search people's belongings for contraband. This is true even if there is nothing suspicious about you or your luggage.

Can US customs deny entry to a US citizen? ›

Citizens: You only have to answer questions establishing your identity and citizenship (in addition to customs-related questions). Refusal to answer other questions may cause delay, but officials may not deny you entry into the U.S. if you have established your identity and citizenship.

You may be asked where you were born, how you entered the U.S. or how long you've been here. You don't ever have to answer those questions. Your responses may be used to detain and deport you. Do not sign anything without talking to a lawyer.

The U.S. Constitution and Supreme Court recognize and protect the right to interstate travel. The travel right entails privacy and free domestic movement without governmental abridgement.

The Free Zone covers the entire 1954 mile border with the U.S. and an area of 12 to 16 miles from the international boundary into Mexico. This includes 44 municipalities among Mexico's six border states which includes Tijuana, Tecate, Mexicali, Rosarito, and Ensenada in the Baja region.

Although the U.S. Constitution delineates power between the state and federal government, it contains no mention of cities. This omission means that cities are subject almost entirely to state authority.