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United States Border Patrol interior checkpoints
The United States Border Patrol operates 71 traffic checkpoints, including 33 permanent traffic checkpoints, near the Mexico–United States border. The stated primary purpose of these inspection stations is to deter illegal immigration and smuggling activities. After the September 11 attacks in 2001, they took on the additional role of terrorism deterrence.[citation needed] These checkpoints are located between 25 and 75 miles (40 and 121 km) of the Mexico–United States border along major U.S. highways; near the southern border of the contiguous United States. Their situation at interior locations allow them to deter illegal activities that may have bypassed official border crossings along the frontier. The checkpoints are divided among nine Border Patrol sectors. There are a number of these checkpoints near the northern border of the contiguous U.S. as well (such as in the states of New York or Maine), within 100 miles (160 km) of the Canada–U.S. border.
The checkpoints are described as "the third layer in the Border Patrol's three-layer strategy", following "line watch" and "roving patrol" operations near the border. According to the U.S. Government Accountability Office,
Border Patrol agents at checkpoints have legal authority that agents do not have when patrolling areas away from the border. The United States Supreme Court ruled that Border Patrol agents may stop a vehicle at fixed checkpoints for brief questioning of its occupants even if there is no reason to believe that the particular vehicle contains people unlawfully present in the country. The Court further held that Border Patrol agents "have wide discretion" to refer motorists selectively to a secondary inspection area for additional brief questioning. In contrast, the Supreme Court held that Border Patrol agents on roving patrol may stop a vehicle only if they have reasonable suspicion that the vehicle contains people who may be illegally in the United States—a higher threshold for stopping and questioning motorists than at checkpoints. The constitutional threshold for searching a vehicle is the same, however, and must be supported by either consent or probable cause, whether in the context of a roving patrol or a checkpoint search.
Under US law, people who enter the US without inspection (EWI) can be subjected to expedited removal if they are found within 100 miles of the border.[failed verification] This power has been subject to heavy criticism by the American Civil Liberties Union.
No documentation is required at Border Patrol checkpoints for US citizens; however, lawful permanent residents (LPRs) are required to carry their registration cards (green cards) "at all times" according to federal law. People in a non-immigrant status (for example, tourists) should carry proper documentation. In 2013, there was criticism of the Border Patrol for arresting people in a non-immigrant status at checkpoints (especially in New York), even though the aliens are lawfully present.
In fiscal year 2008, thirty-nine tactical checkpoints were in operation. Tactical checkpoints lack permanent buildings, and "support permanent checkpoints by monitoring and inspecting traffic on secondary roads that the Border Patrol determined are likely to be used by individuals in the country illegally or smugglers to evade apprehension at permanent checkpoints". A tactical checkpoint might consist of vehicles, traffic cones, signs, a portable water supply, a cage for canines (if deployed), and portable rest facilities.
Due to Congressional restrictions against the funding of permanent checkpoints in the Tucson sector, all of its checkpoints are tactical checkpoints. These were required to relocate every seven days, amended to every 14 days in 2005. Due to the need for road shoulder space and restrictions on placing checkpoints near curves, the number of sites is limited, and the relocation in practice means that checkpoints are periodically shut down. In 2005, the median tactical checkpoint nationally was active for 2 hours daily, as opposed to over 23 hours daily for permanent checkpoints; however, the Tucson sector's checkpoint on Interstate 19 was active 22 hours daily. A draft plan for the I-19 checkpoint in 2009 proposed to model it on the largest previous permanent checkpoint, the I-35 checkpoint north of Laredo, Texas, but would surpass it in size (18 acres) and inspection lanes (8 primary, 7 secondary). A number of community concerns were addressed, such as placement of canopies for dark sky restrictions for a local observatory, off-highway location, rumble strips, signage, and mitigation of traffic congestion. A community recommendation to "seek to mitigate noise" was to be "researched and considered".
For the year 2008, a GAO report entitled "Border Patrol" assigned mixed success to border checkpoints. Positive results include the apprehension of nearly 17,000 people in the country illegally at interior checkpoints. The report also said, "More than 705,000 total Border Patrol apprehensions [occurred] along the southwest border ... ." The Border Patrol also "encountered 530 aliens from special interest countries, which are countries the Department of State has determined to represent a potential terrorist threat to the United States." Additionally, there were over 3,500 drug seizures at southwest border checkpoints in 2008.
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United States Border Patrol interior checkpoints
The United States Border Patrol operates 71 traffic checkpoints, including 33 permanent traffic checkpoints, near the Mexico–United States border. The stated primary purpose of these inspection stations is to deter illegal immigration and smuggling activities. After the September 11 attacks in 2001, they took on the additional role of terrorism deterrence.[citation needed] These checkpoints are located between 25 and 75 miles (40 and 121 km) of the Mexico–United States border along major U.S. highways; near the southern border of the contiguous United States. Their situation at interior locations allow them to deter illegal activities that may have bypassed official border crossings along the frontier. The checkpoints are divided among nine Border Patrol sectors. There are a number of these checkpoints near the northern border of the contiguous U.S. as well (such as in the states of New York or Maine), within 100 miles (160 km) of the Canada–U.S. border.
The checkpoints are described as "the third layer in the Border Patrol's three-layer strategy", following "line watch" and "roving patrol" operations near the border. According to the U.S. Government Accountability Office,
Border Patrol agents at checkpoints have legal authority that agents do not have when patrolling areas away from the border. The United States Supreme Court ruled that Border Patrol agents may stop a vehicle at fixed checkpoints for brief questioning of its occupants even if there is no reason to believe that the particular vehicle contains people unlawfully present in the country. The Court further held that Border Patrol agents "have wide discretion" to refer motorists selectively to a secondary inspection area for additional brief questioning. In contrast, the Supreme Court held that Border Patrol agents on roving patrol may stop a vehicle only if they have reasonable suspicion that the vehicle contains people who may be illegally in the United States—a higher threshold for stopping and questioning motorists than at checkpoints. The constitutional threshold for searching a vehicle is the same, however, and must be supported by either consent or probable cause, whether in the context of a roving patrol or a checkpoint search.
Under US law, people who enter the US without inspection (EWI) can be subjected to expedited removal if they are found within 100 miles of the border.[failed verification] This power has been subject to heavy criticism by the American Civil Liberties Union.
No documentation is required at Border Patrol checkpoints for US citizens; however, lawful permanent residents (LPRs) are required to carry their registration cards (green cards) "at all times" according to federal law. People in a non-immigrant status (for example, tourists) should carry proper documentation. In 2013, there was criticism of the Border Patrol for arresting people in a non-immigrant status at checkpoints (especially in New York), even though the aliens are lawfully present.
In fiscal year 2008, thirty-nine tactical checkpoints were in operation. Tactical checkpoints lack permanent buildings, and "support permanent checkpoints by monitoring and inspecting traffic on secondary roads that the Border Patrol determined are likely to be used by individuals in the country illegally or smugglers to evade apprehension at permanent checkpoints". A tactical checkpoint might consist of vehicles, traffic cones, signs, a portable water supply, a cage for canines (if deployed), and portable rest facilities.
Due to Congressional restrictions against the funding of permanent checkpoints in the Tucson sector, all of its checkpoints are tactical checkpoints. These were required to relocate every seven days, amended to every 14 days in 2005. Due to the need for road shoulder space and restrictions on placing checkpoints near curves, the number of sites is limited, and the relocation in practice means that checkpoints are periodically shut down. In 2005, the median tactical checkpoint nationally was active for 2 hours daily, as opposed to over 23 hours daily for permanent checkpoints; however, the Tucson sector's checkpoint on Interstate 19 was active 22 hours daily. A draft plan for the I-19 checkpoint in 2009 proposed to model it on the largest previous permanent checkpoint, the I-35 checkpoint north of Laredo, Texas, but would surpass it in size (18 acres) and inspection lanes (8 primary, 7 secondary). A number of community concerns were addressed, such as placement of canopies for dark sky restrictions for a local observatory, off-highway location, rumble strips, signage, and mitigation of traffic congestion. A community recommendation to "seek to mitigate noise" was to be "researched and considered".
For the year 2008, a GAO report entitled "Border Patrol" assigned mixed success to border checkpoints. Positive results include the apprehension of nearly 17,000 people in the country illegally at interior checkpoints. The report also said, "More than 705,000 total Border Patrol apprehensions [occurred] along the southwest border ... ." The Border Patrol also "encountered 530 aliens from special interest countries, which are countries the Department of State has determined to represent a potential terrorist threat to the United States." Additionally, there were over 3,500 drug seizures at southwest border checkpoints in 2008.