TO DO: Homeland Security/100 Mile Rule
Source: Northern Borders Coalition

The "100-Mile Rule" policy has created a "Constitution-Free Zone" far from the border with over two-thirds of the US population subject checkpoints, questioning and warrantless searches by Border Patrol.

We are asking organizations to sign on to the below letter to support this work.  Please send sign-ons to: Alana Rodriguez: alanar@umich.edu.

Dear Senator,

We, the undersigned, are deeply concerned regarding Customs and Border Protection’s (CBP) unfettered authority to stop, question and search individuals within the constitution-free 100-mile zone.  Under current regulations, all territory within 100 air miles of an international border is considered a "border zone."  Within that 100-mile zone, CBP can stop and conduct searches of individuals on trains, cars, and other vehicles, without a warrant.   They also have the right to set up checkpoints—both temporary and permanent ones—under which they do not need any suspicion at all in order to stop and question individuals.  CBP can go as far as entering private property without a warrant up to 25 miles from the border. 

As a result, two-thirds of the American population or approximately 200 million people, are potentially subject to an invasion of their privacy and a violation of their constitutional rights, sometimes on a daily basis, by CBP officers.   This is despite the fact that the 100-mile zone is not where CBP needs to focus its energies. Congress has indicated that reducing illegal border crossings is their priority. However, within the 100-mile zone, encounters with U.S. citizens and other non-border crosses have become the norm.  

Advocacy groups have documented numerous abuses that take place within this zone, including the detention or arrest of US Citizens and immigrants with lawful status. 

The Solution:

Congress should define “reasonable distance” as 25 miles from the border.  CBP can effectively carry out its mission of securing the border within a distance of 25 miles or less.  Allowing CBP broad authority to stop and search anyone they want without cause undermines our rights as Americans and is not necessary for CBP to perform its functions.

CBP should be required to consider the totality of the circumstances when conducting enforcement operations outside the immediate vicinity of the border, including the population density and impact on community members.  Such standards regarding the appropriate factors to be considered when conducting enforcement operations outside the immediate border region currently exist in regulations and should be codified to ensure that border residents are not unnecessarily burdened by immigration enforcement efforts.

We urge you to  support amendments that would protect due process and civil rights by reforming the '100 mile rule' to better align with fundamental American values.

The undersigned,