wk1 rply 311

Border Enforcement- reply

Instructions: Response should be a minimum of 150 words and include direct questions.

Responses Due Sunday, by 1300 ET

Student #1

Thank you for your post. You wrote, " Border searches are basically the searches which are made at the border pursuant to the long standing right of the sovereign to protect itself by evading and inspecting people and property that gets into the country, are by virtue of the fourth amendment take place at the border and should need extended demonstration". Ok...how does the EEZ, Territorial Seas and Customs Waters -- and their authorities interface with each other...

Dr Joe

Student #2

Is current immigration policy seriously treated as a national security issue? How was it treated before 9/11?  Yes, it is treated as a national security issue in today’s environment you can have terrorist trying to sneak into the country. Before 9/11 the main focus of the Border was drug interdiction since 1982, and in 1986 President Ronald Reagan issued a security directive calling drugs a national security issue.  (Andreas, P. 2009).

Five ways immigration has changed since 9/11. Increased funding and the creation of Department of Homeland Security who oversees U.S. Immigration and Customs Enforcement (ICE), United States Citizenship and Immigration Services (USCIS), and U.S. Customs and Border Protection (CPB). The spending on deportation has more than doubled since 2001. Removing criminal’s illegals with any kind of criminal record are being deported at record numbers up 400% since 2001. Turning local law enforcement into immigration agents due to a program called secure communities. The local law enforcement sends all finger prints to DHS, and if DHS flags it as an immigration hold, the local law enforcement has to hold them till federal agents can arrive. Tying immigration enforcement to corporate profit Privately run immigration detention facilities that house the illegals while waiting for deportation. (abcnews.com)

 Discuss Customs border authority and "border searches," as they pertain to the fourth amendment rule.

The Supreme Court has interpreted the Fourth Amendment to include a presumptive warrant requirement on all searches and seizures conducted by the government The Supreme Court, recognized that there are some situations that do not require obtaining a warrant because it would be impractical or against the public’s interest. The supreme Court crafted various exceptions to the warrant and probable cause requirements of the Fourth Amendment. Some of these exceptions cover Border crossings and Airports the Customs agents are authorized to search you, your luggage, vehicle your electronic devices if they have probable cause. H.R. 239 (the Securing our Borders and our Data Act of 2009) and H.R. 1726 (the Border Security Search Accountability Act of 2009), address border searches of laptops and other electronic storage devices. (Yule Kim, June 29, 2009)

Student # 3

Since President Trump was in the campaign for presidency we all heard his famous slogan "We will build the wall".  It received both positive and negative responses. Primarily negative, is this plan for a wall feaseable or even necessary?  After reading the executive order on border security that Trump signed, no where in there is the "wall" mentioned other than a definition of it that funding needs to be projected for it.  However the executive order addresses the need for more border patrol agents.  Trump wants 5,000 more agents hired as soon as possible.  Also ICE has been conducting numerous raids across the country since Trump has taken office.  While the general public was in dismay about ICE increasing these raids, seventy five percent of these raids for illegal immigrants who committed serious crimes such as homicide and sexual abuse of children. The other arrests made were simply someone being in the wrong place at the wrong time.  Meaning they  did not necessarily commit any serious crime, but they were at the place where ICE did the raid and could not provide documentation that we were legal.   (Domonoskie, Camila)

Prior to 9/11 the Department of Homeland Security did not exist.  Border Protection fell under just Customs and Border Protection.  Since 9/11 CBP has created an air and marine section which was not really prominent prior to 9/11.  CBP had around 10,000 employees, today that number has risen to around 21,000.  Also the northern border protection was beefed up as well.  The most obvious is the increase in funding since DHS was created.  It seems that Border Protection has seemingly unlimited funding, and more so now since Trump has been elected. (Flynn, Courtney)

The fourth amendment protects us from illegal search and seizures but does this apply when conducting searches at the border? There is an exception to the fourth amendment when someone is trying to enter the United States through the border.  The fourth amendment requires a warrant and probably cause but this not required at the border.  Customs and Border agents can stop any random person and search the body and vehicle with no probable cause or due to ethnic profiling.  (Cope, Sophia)