100-Mile Border Zone
The Fourth Amendment of the U.S. Constitution protects people from random and arbitrary stops and searches. The federal government claims the power to conduct certain kinds of warrantless stops within 100 miles of the U.S.
Are immigration officials allowed to stop people within the U.S.?
U.S. Customs and Border Protection (CBP), the federal agency tasked with patrolling the U.S.border and areas that function like a border, claims a territorial reach much larger than you might imagine. A federal law says that, without a warrant, CBP can board vehicles and vessels and search for people without immigration documentation “within a reasonable distance from any external boundary of the United States.” These “external boundaries” include international land borders and the entire U.S. coastline.
What is a “reasonable distance”?
The federal government defines a “reasonable distance” as 100 airless from any external boundary of the U.S. So, combining this federal regulation and the federal law regarding warrantless vehicle searches, CBP claims authority to board a bus or train without a warrant anywhere within this 100-miles zone. Two-thirds of the U.S. population, or about 200 million people, reside within this expande borer region, according to the 2010 census.
KNOW YOUR RIGHTS: When Law Enforcement Asks About Immigration Status
How to Reduce Your Risk:
Stay calm. Do not run, argue, resist, or obstruct the officer, even if you believe your rights are being violated.
Keep your hands where police can see them.
Do not lie about your immigration status or provide false documents.
Your Rights:
You have the right to remain silent and do not have to discuss your nationality, immigration, or citizenship status with police, immigration agents, or other officials. Anything you say can later be used against you in immigration court.
If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you.
If you’re over 18, always carry your immigration papers. If you don’t have them, you can tell the officer you wish to remain silent or consult a lawyer before answering any questions.
If an immigration agent asks to search you, you have the right to say no. Agents cannot search you or your belongings without your consent or probable cause.
What to Do During an Encounter:
In some states, you must provide your name to law enforcement if stopped and asked to identify yourself. However, you are not required to answer additional questions.
If pulled over while driving, you must show your license, vehicle registration, and proof of insurance. You are not obligated to answer questions about your immigration status.
Customs officers may ask about your immigration status when entering or leaving the U.S.
If you are a lawful permanent resident (LPR) who has maintained your status, you only need to answer questions establishing your identity and residency. Refusal to answer other questions may delay your entry but does not warrant denial.
If you are a non-citizen visa holder, refusal to answer questions may lead to denial of entry into the U.S.
Your Right to Legal Representation:
If arrested by police, you have the right to a government-appointed lawyer. Ask for one immediately.
You have the right to a private phone call within a reasonable time of arrest. Police cannot listen to calls made to a lawyer.
If detained by ICE or Border Patrol, you have the right to hire a lawyer, but the government is not required to provide one. Ask for a list of free or low-cost legal services.
If detained, you have the right to contact a lawyer or your family and to be visited by a lawyer in detention.
You have the right to have your lawyer present at any hearing before an immigration judge.