Jonah Patel
The 100-mile constitution free zone refers to an area within 100 miles of any US external boundary, where the US Customs and Border Protection (CBP) claims authority to operate without a warrant. This includes boarding vehicles, vessels, and buses, as well as searching people and their belongings, within this zone. This broad authority has been justified by the federal government as necessary for national security and law enforcement, but many, including the ACLU, argue that it violates the Fourth Amendment's protection against unreasonable searches and seizures, turning residents into suspects and infringing upon their constitutional rights. Two-thirds of Americans, or about 200 million people, live within this zone, which includes major cities like New York, Seattle, and Los Angeles.
| Characteristics | Values |
|---|---|
| Population | 200 million people, or two-thirds of the U.S. population |
| Geographic scope | 100 air miles from any external boundary of the U.S. |
| States included | Florida, Massachusetts, and New Jersey |
| Cities included | New York, Seattle, Detroit, Philadelphia, Los Angeles, Chicago, Denver, and Atlanta |
| Border Patrol authority | Broad authority to board and search any vehicle, bus, vessel, or train without a warrant |
| Immigration enforcement | CBP operates permanent and tactical immigration checkpoints along major and secondary roads |
| Constitutional protections | Fourth Amendment protections against unreasonable search and seizure still apply |
| ACLU position | The 100-mile zone violates Fourth Amendment protections |
| Government position | The Fourth Amendment does not apply fully at borders and their vicinity |
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What You'll Learn
Border Patrol's broad authority
The U.S. Customs and Border Protection (CBP) has broad authority to operate within 100 miles of any U.S. "external boundary". This area is referred to as the "100-mile zone" or the "Constitution-Free Zone". The zone includes the entire perimeters of many states, such as Florida, and two-thirds of the U.S. population, or about 200 million people, reside within it.
In this zone, Border Patrol agents have additional powers. They can operate immigration checkpoints and board and search any vehicle, bus, or vessel without a warrant, although they cannot pull anyone over or search vehicles without "reasonable suspicion" of an immigration violation or crime. However, in practice, Border Patrol agents often ignore or misunderstand the limits of their authority, resulting in violations of constitutional rights. The American Civil Liberties Union (ACLU) has documented instances of agents demanding passengers on Greyhound buses provide identification and proof of legal status, with people of colour or those with accents being targeted.
The expansion of government power at and near the border has raised concerns about the erosion of fundamental Constitutional rights, including the Fourth Amendment protection against unreasonable searches and seizures. The ACLU and other constitutional scholars argue that the 100-mile zone violates these protections, but the U.S. Supreme Court has consistently upheld it. The federal government defines a ""reasonable distance" from the border as 100 air miles, allowing CBP to claim authority to conduct warrantless searches within this zone.
The Border Patrol has also been accused of rejecting any geographic limitation on agents' authority, with federal circuit courts condoning operations outside the 100-mile zone. The ACLU believes that the interior checkpoints operated by Border Patrol amount to dragnet, suspicionless stops that violate Fourth Amendment protections. These checkpoints, along with warrantless vehicle searches and interrogations, have turned many Americans into suspects and led to concerns about government interference, harassment, and abuse.
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Violation of constitutional rights
The "100-mile constitution-free zone" refers to an area within 100 miles of any US "external boundary," where US Customs and Border Protection (CBP) and Border Patrol have expanded powers. This zone includes two-thirds of the US population, encompassing major cities and entire states. While the federal government claims that constitutional protections are diminished at border crossings, the ACLU and other civil liberties advocates argue that the broad powers exercised by CBP and Border Patrol within this zone violate the Fourth Amendment rights of US citizens.
The Fourth Amendment protects people from unreasonable searches and seizures, requiring law enforcement to obtain a warrant based on probable cause. However, within the 100-mile zone, Border Patrol agents can board and search vehicles, buses, and vessels without a warrant, even when there is no reasonable suspicion of an immigration violation or crime. This has resulted in the interrogation and detention of US citizens without legal justification.
Border Patrol agents have been accused of routinely ignoring or misunderstanding their legal authority, leading to violations of constitutional rights. Inadequate training, lack of oversight, and failure to hold agents accountable have exacerbated these issues. The Supreme Court's deference to the government's national security concerns has further enabled civil rights violations within the zone.
While the government justifies these expanded powers in the interest of national security and immigration enforcement, critics argue that it has led to the erosion of fundamental freedoms and civil liberties for those living within the zone. This includes indigenous and Latinx communities, who face increased scrutiny and policing, regardless of their citizenship status. The impact of these policies extends beyond border towns, affecting a significant portion of the US population.
To protect their rights, individuals within the 100-mile zone should be aware of their rights, such as the right to refuse consent to searches and the right to ask for the basis of reasonable suspicion in case of detention. By understanding and asserting their rights, individuals can push back against potential violations and help hold law enforcement accountable.
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Expansion of government power
The US Customs and Border Protection (CBP) has the authority to operate within 100 miles of any US "external boundary", an area that is home to two-thirds of the US population. This zone, referred to by some as the "Constitution-Free Zone", encompasses most major US cities and entire states, such as Florida and Massachusetts. Within this zone, the Border Patrol can operate immigration checkpoints and board and search any vehicle, bus, or vessel without a warrant. They can also ask occupants to prove their legal status in the country.
While the Fourth Amendment of the US Constitution protects people from random and arbitrary stops and searches, the federal government claims the power to conduct certain kinds of warrantless stops within this 100-mile zone. Border Patrol agents often ignore or misunderstand the limits of their legal authority, resulting in violations of the constitutional rights of innocent people. This expansion of government power is part of a trend towards increasing police and national security powers, which may come at the expense of fundamental Constitutional rights and freedoms.
The ACLU and other constitutional scholars have long argued that the 100-mile zone violates Fourth Amendment protections, and the warrantless bus raids have mobilized organizations and grassroots efforts to challenge them. The ACLU has documented stops and arrests in cities across the country, including New York, Arizona, Florida, and Michigan. They argue that the Border Patrol's checkpoints amount to dragnet, suspicionless stops that are incompatible with Fourth Amendment protections.
The federal government defines a "reasonable distance" from any external boundary as 100 air miles, and CBP claims the authority to board a bus or train without a warrant within this zone. They operate immigration checkpoints on major and secondary roads, where every motorist is stopped and asked about their immigration status. Agents can visually inspect vehicles and may send some motorists for further questioning, but this should be limited to routine questions about immigration status.
The expansion of government power within this 100-mile zone has raised concerns about the erosion of Constitutional rights and the potential for abuse by authorities. The trend towards increasing police and national security powers has led to a perception of a "Constitution-Free Zone" within the US, where fundamental freedoms may not be guaranteed.
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ACLU's challenge to the 100-mile zone
The American Civil Liberties Union (ACLU) has been a vocal opponent of the 100-mile border zone, where federal regulations give US Customs and Border Protection (CBP) the authority to operate within 100 miles of any US "external boundary". This zone, referred to by some as the "Constitution-Free Zone", is home to two-thirds of the US population and includes major cities and entire states.
The ACLU argues that the CBP's powers within this zone violate the Fourth Amendment protections against unreasonable search and seizure. They have documented instances of Americans being stopped, interrogated, and searched without any suspicion of wrongdoing, in ways that conflict with their constitutional rights. The ACLU has also challenged the lack of accountability for Border Patrol agents who violate these rights, citing inadequate training and a lack of oversight by the CBP and the Department of Homeland Security.
In 2016, the ACLU of Michigan filed a lawsuit against Customs and Border Protection to demand more transparency around the 100-mile zone. They have also actively sought to obtain records from the CBP to understand the extent of their operations and powers within this zone. Despite these efforts, the US Supreme Court has consistently upheld the constitutionality of the 100-mile zone, citing the government's "extraordinary responsibilities and powers with respect to the border."
The ACLU continues to advocate for the protection of civil liberties within the 100-mile zone, pushing back against the expansion of federal powers that threaten the fundamental rights and freedoms of Americans. They believe that the government's broad authority in the name of national security should not come at the cost of individual freedoms and constitutional protections.
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Border Patrol's lack of understanding of legal authority
Border Patrol agents have been accused of routinely ignoring or misunderstanding the limits of their legal authority, resulting in violations of the constitutional rights of innocent people. This is compounded by inadequate training for Border Patrol agents, a lack of oversight by CBP and the Department of Homeland Security, and the failure of CBP to hold agents accountable for abuse.
The Fourth Amendment of the U.S. Constitution protects people from random and arbitrary stops and searches. However, the federal government claims the power to conduct certain kinds of warrantless stops within 100 miles of the U.S. border, which is considered a "reasonable distance". This 100-mile zone, also known as the "Constitution-Free Zone", includes the entirety of many states, such as Florida, and is home to two-thirds of the U.S. population. Within this zone, Border Patrol agents have the authority to board and search any vehicle, bus, or vessel without a warrant and can ask occupants to prove their legal status. They can also operate immigration checkpoints and stop and question motorists about their immigration status, but they cannot pull anyone over without "reasonable suspicion" of an immigration violation or crime.
In practice, Border Patrol agents have been known to exceed their legal authority. For example, they have conducted warrantless bus raids on Greyhound buses, demanding passengers' IDs and questioning them about their immigration status, even when the trips are entirely domestic. They have also been accused of racial profiling, targeting people of color or those with accents. These actions have mobilized organizations and grassroots efforts to challenge the expansion of federal power and protect constitutional rights.
The expansion of government power at and near the border is part of a trend toward increasing law enforcement and national security powers, which some argue is turning all Americans into suspects. By not challenging this expansion of federal power, there is a risk of forfeiting fundamental rights and freedoms, including the right to be free from government interference, harassment, and abuse.
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Frequently asked questions
The 100-mile zone refers to the area within 100 miles of the US border, where the Fourth Amendment protections against unreasonable search and seizure do not apply. This means that within this zone, federal agents can stop and search individuals without a warrant or probable cause.
Anyone within this zone, including US citizens, can be subjected to warrantless searches and seizures. This affects around 200 million Americans who live within this zone.
Within the 100-mile zone, federal agents have been granted broad powers to search and seize individuals and their property. This includes the ability to search electronic devices without a warrant.
The US government has long claimed that the border and its surrounding areas are exceptional when it comes to Fourth Amendment protections. This has been upheld by court rulings, which have allowed for warrantless searches within the border zone.
While you have the right to refuse a search of your person or property, doing so may result in further detention and even the use of force by authorities. It is important to remember that within this zone, the usual constitutional protections do not apply.
