Border Patrol Agents Can Make Warrantless Arrests And Conduct Searches Within The Border’s 100-Mile Zone

6/9/2022, Written by S.J.

On Wednesday the Supreme Court ruled in favor of a Border Patrol agent accused of violating the Fourth Amendment rights of an innkeeper suspected of using his business along the U.S./Canadian border to aid people without documentation in crossing.

Egbert v Boule, which was decided by the SCOTUS in a 6-3 ruling, determined Border Agent, Egbert, did not violate Boule’s rights during the 2014 incident when, according to Boule, the agent entered the property without permission, refused to leave when asked and “lifted [Boule] off the ground” then “threw him against the SUV.” The decision continued, “After Boule collected himself, Agent Egbert allegedly threw him to the ground.”

Read the entire ruling HERE.

The Constitution states that the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

However, Wednesday’s case highlighted a very problematic ruling regarding the authority Border Patrol agents have. The decision stated, "This is no hypothetical: Certain CBP agents can exercise broad authority to make warrantless arrests and search vehicles up to 100 miles away from the border."

If an agent does not need a warrant to arrest or search people, how is probable cause or suspicion determined? At the U.S. border, and when policing Black and Brown bodies, it appears that probable cause can be an extremely subjective concept.

When envisioning what 100 miles from the border looks like, many forget the border does, in fact, encompass the entire border of the country, and all ports of entry, not solely the borders to the north and south. Furthermore, the population is often most dense in the 100-mile border zone, which includes many state capitals and major cities.

The ACLU explains, “Two-thirds of the U.S. population, or about 200 million people, reside within this expanded border region, according to the 2010 census. Most of the 10 largest cities in the U.S., such as New York City, Los Angeles, and Chicago, fall in this region. Some states, like Florida, lie entirely within this border band so their entire populations are impacted.”

In addition, customs agents and Border Patrol follow similar rules at international airports–of which there are roughly 150 in the U.S. International airports, like the borders, are considered ports of entry, and agents can search travelers, as well as their belongings and electronics, without cause or, even, at random.

Allowing Border Patrol agents to make warrantless arrests and to conduct searches at will is another example of the blurring of the Fourth Amendment to work in favor of those with power and to work against those without it.

What Now?

Go to the ACLU’s website HERE to learn your rights and what to do if you or someone you know is stopped at a port of entry.

The below infographic/map (as well as the cover) from the ACLU.