US Border Surprise

What the Government Considers the US Border May Surprise You

When you think of a national border, you probably think of a defined edge—a place where one country ends and another begins. However, when it comes to federal immigration operations, the border extends many miles into the country.

While those whose daily lives are negatively impacted by this overreach of federal immigration authority have denounced it for many years, not enough is known about how it plays out. A recent in-depth article from the Investigative Fund, however, reveals new information about the expansive authority of immigration agencies in and around U.S. borders—and its grave outcomes.

Under current law, the “border zone” encompasses 10 states in their entirety, touches dozens more, and contains nine of the 10 largest cities in the country. An estimated 200 million people live in this zone.

U.S. Customs and Border Protection (CBP), the agency charged with guarding U.S. borders, has broad authority to operate within 100 air miles of any U.S. boundary. Importantly, CBP is permitted to set up and operate immigration checkpoints on any routes within the 100-mile radius that eventually meet the border. Within 25 miles, agents have even more leeway—such as entering private property without a warrant or permission.
CBP is the largest federal law enforcement agency in the nation, with funding and powers surpassing those of other such agencies. Comprised primarily of customs officers at ports of entry and Border Patrol agents in between, CBP is only authorized to use checkpoints for brief inquiries about immigration status. That is, stops at these checkpoints should not primarily be for drug searches or general law enforcement.

This often involves asking for the individual’s citizenship and inspecting the vehicle visually. CBP is not required to have a warrant but anything more—including search or seizure—requires the agent to have some level of reasonable suspicion relating to immigration violations.