Homeland Security Assuming Broad Powers, Turning Vast Swaths of U.S. into "Constitution-Free Zone"

[FourScore]

Homeland Security Assuming Broad Powers, Turning Vast Swaths of U.S. into "Constitution-Free Zone"
by ACLU
Wed Oct 22, 2008 at 01:38:40 PM PDT
By Barry Steinhardt, Director, ACLU Technology & Liberty Program

You’re driving along a remote, dusty road, when suddenly you come upon a border patrol checkpoint. There, agents demand to see your identity papers, and search your car. You are taken by surprise, because you know you haven’t wandered across the Texas-Mexico border. In fact, you’re quite sure of that, because you’re driving through rural Wisconsin countryside west of Green Bay. Even the Canadian border is more than 90 miles away.

This scene is not as far-fetched as you might want to believe. The government is turning vast swaths of our country into a "Constitution-Free Zone" in which U.S. Customs and Border Protection (CBP) is allowed to exercise extraordinary authority that would not normally be permitted under the Constitution. The government says that "the border" — where there is a longstanding view that the Constitution does not fully apply — actually stretches 100 miles inland from the nation’s "external boundary." And increasingly, we are seeing DHS vigorously utilize that authority.

Today we held a press conference at the National Press Club here in D.C. to try to draw attention to this problem — and the fact that, as we showed, nearly two-thirds of the U.S. population live within this "Constitution-Free Zone." That’s 197.4 million people.

We calculated this using the most recent, 2007 numbers from the U.S. Census, and released a map showing the cities and states that are enveloped by this zone. It includes some of the largest metropolitan areas in the country: New York City, Boston, Chicago, Los Angeles and Portland, Oregon. States that are completely within this Constitution-Free Zone include Connecticut, Delaware, Florida, Hawaii, Maine, Massachusetts, Michigan, New Hampshire, New Jersey, and Rhode Island. When you say "border," they think "all of New England."

CBP has been setting up checkpoints far inland— on highways in states such as California, Texas and Arizona, and at ferry terminalsin Washington State. Typically, the agents ask drivers and passengers about their citizenship. People are also reporting that even after they provide passports or state driver’s licenses, CBP continues to interrogate them and try to pressure them into permitting a search.

At our press conference today in the National Press Club here in DC, two U.S. citizens described their experiences with CBP.

Vince Peppard, a retired social worker, told of being stopped and harassed by the border authorities at least 15 miles from the Mexico border with his wife, Berlant.

Craig Johnson, a music professor at a San Diego college, told how he participated in a peaceful demonstration near the border to protest against the destruction of a state park so that offense could be constructed along the U.S. border. CBP agents monitored the protest and collected the license plate information of those who participated. Since this protest, Mr. Johnson has twice crossed the U.S.-Mexico border and, each time, he has been pulled aside for additional screening. He was taken to another room, handcuffed and questioned. On his first crossing, he was also partially stripped and subjected to a body cavity search. A CBP agent also told Mr. Johnson that he was on an "armed and dangerous" list. Before the protest, Mr. Johnson crossed the U.S.-Mexico border numerous times without incident. It is difficult to believe that his subsequent harassment at the border is unrelated to his protest activity. If it is related, that would constitute a significant abuse.

Congress needs to hold hearings to investigate these egregious violations of Americans’ civil liberties, and then pass new laws protecting Americans’ rights.

I guarantee you that if these powers are not challenged, if the American people do not push back, sooner or later a factory worker in southern New Hampshire, a farmer in the Shenandoah Valley of Virginia, or yes, some guy driving across rural Wisconsin, will wake up to find that they have lost their right to go about their business, and travel around inside their own country, without interference from the authorities.

http://www.dailykos.com/story/2008/10/22/163652/37/734/638977

[HCE SuiGeneris]

1. Easy to be put on the "list", nearly impossible to be removed.

Now where were "lists" such as this employed before? I can't quite recall...

[BelgianMadCow]

2. mind-boggling

Homeland Security...the name alone...
Free-speech zones..

More of the same

[shadowknows69]

3. I better just not go out anymore

Because there's no fucking way I'm stopping for a checkpoint and showing my "papers" to anyone in the United States of America. They can fucking shoot me first.

[onethatcares]

5. they probably will,

New Mexico has a bunch of those" stop on the interstate and chat with us " structures. All the way to Carlsbad Caverns.

[HCE SuiGeneris]

8. Three permanent locations that I have been through here in AZ...

The noose is ever tightening.

[Indenturedebtor]

31. Yeah I hit one on the 4th of all days on the way to Carlsbad

The mix of anger, shock, and challenge on my face was enough that they basically just waved us through. And I have a good tan, and the wife isn't white. I think they could sense the fact that I was an enraged citizen.

Unbelievable that they get away with this shit.

[undergroundpanther]

18. I'll give them my papers allright

Used TP.

[reprehensor]

4. Thanks for posting.

http://www.youtube.com/watch?v=yHqpuVetLeo

https://www.checkpointusa.org/blog/

[mrsadm]

42. thanks for those links; bookmarked. (eom)

[Cessna Invesco Palin]

6. ACLU just discovered this?

Customs / border patrol has had authority up to 100mi from the border for... not entirely sure, but a very very very long time.

[Thothmes]

30. Its been this way for some time

In the 70s there was an INS check point about near Camp Pendelton in California. This was about 60 miles north of San Diego, if I remember correctly. Got stopped there a couple of times, car searched once and I was in uniform at the time.

[reprehensor]

7. Texas roadblock petition.

The 5-11 Campaign and BORDC ask for your support in opposing random citizenship checkpoints in Texas. Join us by signing the 5-11 Campaign's petition asking Texas Attorney General Greg Abbott to stop these checkpoints, available at www.511campaign.org. You must act fast! The deadline for signing the petition is tomorrow, Thursday, October 23.

You may also write your own letter to Attorney General Abbott and send it to 209 W.14th St., Austin, TX 78701 or [e-mail].

For more information, visit www.511campaign.org or contact Sheila Dean at 310-857-8257 or [e-mail].

Thank you for all you do!
Bill of Rights Defense Committee
Address: 8 Bridge Street, Suite A, Northampton, MA 01060
Web: www.bordc.org/
Email: [e-mail]
Telephone: [phone]
Fax: [phone]

[Winterblues]

9. This was happening before Homeland Security was even thought of

It came about under Bush 1 as a result of Zero Tolerance. It is about being within proximity of the border and it was mainly used against boaters. They would tell us that because our boat had a propeller that it could enter into a foreign land and even if we were five hundred miles from a border they said it was still within proximity. They used this to board and search a lot of fishing boats coming to Alaska from Washington even though those boats never came within fifty miles of Canada..

[dhpgetsit]

40. Yes, I used to live in Tucson, AZ

I drove an old blue Ford 4 door sedan and I occasionally got pulled over by border patrol. They would check my license, look in the windows, run my plates. I'm sure they were hoping to find a family of illegal immigrants.

[robertpaulsen]

10. That must be for the parts of this country that aren't "Real America".

That goes for where I currently reside, Hotel California. I can check out any time I like, but I can never leave (or if I do, full body cavity search).

[arcadian]

11. I realized we are living in a police state, when I regularly see ICE in Richmond, Va.

ICE has fused with Federal Protective Services to be the law enforcement arm for the federal government. Don't ask me how immigration and customs has anything to do with the day to day routine of a federal building. ICE is also the agency that's built the detention facilities all over the country.

[undergroundpanther]

19. ICE

is project of Haliburton's BTW

[FourScore]

12. kick

[im1013]

13. WOW! I live in Mississippi (a VERY red state)

and I've NEVER seen anything like that!
I've traveled back and forth to South Florida many times and have
never seen checkpoints anywhere along my route (south to Mobile, AL & across
the Florida panhandle and down the entire state of Fl.)


:wtf:

[Selatius]

14. It sounds like draft plans to divide the US up into "security districts" basically.

In other words, you could not move from one district into another without carrying papers like it's the Soviet Union.

[bluesmail]

15. BLACKWATER/CACI n/t

[bertman]

16. I'll contact my Democratic Congressman, David Price NC-4, he's the Chairman of the House

Subcommittee on Homeland Security. I'm sure he'll get right on this.

OH WAIT. He's the "liberal" Dem from "the most liberal district in N.C." who voted for the Patriot Act, then supported the Telecom Immunity bill, and said that impeachment "would take too long and be too distracting". Oh, I almost forgot, he voted to continue the Iraq War funding even though his constituents were solidly opposed to it, as they were to the Financial Industry Failure Reward, er I mean the Financial Rescue Package.

This is the reason we are becoming a fascist state. Democrats who buy the "national security" bullshit that the neo-con/corporatists are shoveling out by the dumptruck load. We can't even count on the good guys anymore.

P.S. I just voted for a Republican who is running against Price. The first time in 40 years I have voted for a Republican. I just couldn't take it anymore.

We can't afford to elect many more "homeland security" Democrats or we'll all be carrying ID cards and stopping at BlackWater/DHS checkpoints when we travel IN OUR OWN COUNTRY.

P.S.S. One more tidbit. Our Congressman Price receives more money from Defense Contractors than any other source for campaign funds.

Just sayin'.

[undergroundpanther]

17. If you have any psych issues

Believe me, the cops are quite ass-holey and over-reactive twords anyone with psych issues even if you are calm or whatever.They act arrogant for no discernible reason beyond power tripping... Anyone with PSTD needs to be extra careful and try to get a handle on triggers ASAP.Talking from personal experience here.

[droidamus2]

20. Talk about scary

I only live about 25 miles from the Canadian border in Vermont so I guess pretty much everywhere I travel in a normal day falls within the '100 mile' limit.

[Poseidan]

22. if anything happens

You should sue.

[vt_native]

55. I live in VT, too

I'm gonna write Senators Leahy and Sanders and Rep. Welch about this.

[Poseidan]

21. don't turn to congress

Constitutional violations are a matter for the Judicial branch.

[cstanleytech]

23. Guys (and any gals here) I know this wont be popular but......so what?

I mean yeah, I will agree 100% it needs to have oversight on it and we need to be careful with letting the government have broad powers to search and such but I dont think 100 miles from the border is to unreasonble what with how fast people can travel these days.

[dorkulon]

25. I live less than 5 miles from the Canadian border.

So I'd say it's pretty unreasonable to say I can be stopped and searched all day every day. But hey, that's just me i guess.

[MadHound]

27. Tell you what, let's get your name on one of those fine lists that Homeland Security keeps

Then let's see how well you like getting hassled, getting pulled in, getting a body cavity search, all while you're still in the US.

Sorry, but it is people like you, people with your attitude that allowed Hitler's creeping fascism to take control in Germany. It will be people like you, people with your attitude that will allow fascism to gain power here in the US. You should be ashamed of the fact that you care so little for our freedoms and our rights.

[droidamus2]

28. Because

This is not about there supposed attempt to 'guard' the border it is about our rights as citizens of the United States of America. We should not be harassed because some scare tactics from the government. There are things like probable cause and no just because you happen to live close to a border should not be probable cause. To me this attitude of 'oh in this case giving up a little of my rights is ok' leads down the slippery slope of losing all our rights. When a government impinges on the rights of the people, even for a supposed 'good cause', the people may never get those rights back. We have already had a lot of our rights impinged on under the umbrella of 'terrorism' and I think we should fight to make sure we retain all of our rights under the Bill of Rights and the rest of the Constitution.

[lonestarnot]

37. And it is ok to target a U.S. citizen as armed and dangerous because they have participated in peace

ful protest! Get a fucking clue!

[cstanleytech]

41. Wow, a whole lot of people choose to ignore where I said it needed oversight

and that we need to keep an eye on it and instead choose to attack me with varies posts, here I had been thinking that kind of behavior was only from republicans.

[droidamus2]

49. Didn't ignore it

Just thought you were wrong when protecting our rights 'oversight' by the what would essentially be the same people running the incursion on our rights isn't enough. Even if the oversight was done by a group not ostensibly connected to law enforcement/military interest we have seen in the Bush administration how these regulatory agency can be corrupted. By the way throwing around the 'I only expect this from Republicans' is pretty weak when people are just stating their opinions.

[tkmorris]

54. And here we thought...

That advocating violating people's Constitutional rights was something only Republicans did.

[cstanleytech]

56. Show me where there has been a violation, proven in a court of law.

Dont get me wrong please, I'm all for keeping a damn careful eye on the feds and stepping on their necks if someones rights get violated but otherwise I think there are far more important things we need to focus on ATM such as getting Obama into office and preventing the republicans from getting McCain into office.

[seemunkee]

44. What if they expand it to crossing any state line?

Is that OK? How about if they expand it to house to house searches would that be OK to?

[cstanleytech]

51. Thats alot of "What if's", they have not done so though but thats

why there needs to be some sort of oversight over any such program like this and no I dont mean the DOJ considering how they have behaved under the Bush administration.
I was thinking more like a committee formed of varies congressmen and senators picked at random who serve say for 6 months to a year and they cant serve again for 12 months after that on the committee.

[LSK]

46. NO, I AM AN AMERICAN CITIZEN AND I HAVE MY RIGHTS

END OF CONVERSATION. PERIOD!

[wolfgangmo]

48. That is crazy.

Either the borders are secure or they are not.

Setting up a police state inside the country is NOT the answer. Give the police or the military that authority and you may as well tear up the constitution and desecrate the graves of the founding fathers.

[cstanleytech]

52. So whats your solution oh wise one.

[DFW]

24. They used to do this in France under Mitterand

La Douane Volante (literally, "flying customs") used to stop people in cars all over
the place, and anywhere near a border is expanded in France to mean anywhere near an
airport, which means just about anywhere. People got tired of it, and even though France's
people are generally liberal-thinking, they have not voted in a leftist government since.
That is not directly connected, but the general government attitude toward privacy under
the Socialists in France resembled Bush more than any Democratic administration.

[crispini]

26. WTF

K and R

[shadowknows69]

29. I live 35 miles from the Canadian border and 7 miles from a military base

I would assume then that my whole home city is in one of these "Constitution Free Zones".

[Dennis Donovan]

34. I'd assume so...

They have one of these checkpoints, 100 miles from the US-Can border on I-87 southbound (eastern NY) - do you know if they're doing the same on I-81?

[Lethe]

32. I got stopped after coming back from Mexico

Basically it was me and 3 other guys, we just went to Mexico for the day to have fun. There's a Border Patrol station about 45 mins down the road from Laredo towards Corpus Christi. They stopped us, made us sit outside while our car was searched by officers with dogs. Then they had a dog sniff all our personal belongings, all the while yelling at us for no reason.

They thought I was the "leader", so they brought me inside alone, yelling at me and threatening me with a strip search. Keep in mind we are all clean cut college kid types, and we had done nothing wrong, had no drugs or alcohol in the car, etc. I told the guy he could search me all he wanted to, I didn't have any drugs, to which he yelled at me some more about not needing my permission to do anything he wanted.

They let us go after about an hour.

These guys were just total assholes for no reason.

[Dennis Donovan]

33. After 9/11, they set up one 100 miles south of the US/Can border on I-87...

...southbound.

[fascisthunter]

35. This is What Happens When the Right Wing Gets into Power=Fascism

[lonestarnot]

36. This is one reason I am in front of Sheriff Joe's Wells Fargo building every day for lunch with my

voice, a sign and something to make noice with (sometimes just a fart machine :evilgrin:

[Marie26]

38. Don't forget the 287(g) program.

This program "deputizes" local police officers to enforce federal immigration laws. In other words, every policeman becomes an ICE agent. This program has been set up in many counties across the South & is widely abused. Policemen have set up checkpoints to pull over anyone who looks "foreign". Mothers w/small children have been stopped for not wearing a seatbelt & then turned over for deportation, leaving the children w/o any caretaker. It effectively creates a police state within that county. Yet most US citizens aren't aware of the program. So, for all DU, if you hear that the sheriff wants to create a 287(g) program in your area, please advocate, protest & inform people about the constitutional dangers it poses.

ICE 287(g) program - http://www.ice.gov/partners/287g/Section287_g.htm

Detained immigrant woman shackled during labor - http://www.immigrantjustice.org/blog/detentionblog/detained-immigrant-woman-shackled-during-labor.html

[nosferaustin]

39. Two points

1. "to protest against the destruction of a state park so that offense could be constructed along the U.S. border" - while I don't disagree with the term used here, as it is indeed very offensive, I'm sure that the author meant a "fence" rather than offense. Sometimes typos can be appropriate, can't they? :)

2. When I lived in the Rio Grande Valley in Tx in the early 1990's, I used to pass through a border crossing about 90 miles from the boarder when traveling up I-35 to San Antonio. I always chalked it up to the governments abdication of responsibility for the region. They treated it more like it was Northern Mexico than a part of the US.

[Kermitt Gribble]

43. If you're not doing anything wrong, what's the big deal?

joking, sadly.

[LSK]

45. How on gods earth is Chicago 100 miles from the border???

:wtf:

[earth mom]

47. K & R!

:grr:

[Der Teufel Hund]

50. US Dept of Homeland Security

It is about time the the ACLU and the USA public has awakened to the situation of inland "Border Checks". This has been in place for at least 30 years and has been backed by the US Supreme Court, the Rehnquist Court, I believe. It is time that the situation is rectified.

[lynettebro440]

53. That is some scary shit

and not that hard to believe.