Territorial Diffusion Flashcards
What organizations make up the Department of Homeland Security (DHS)?
US Citizen & Immigration Services (USCIS), Immigration & Customs Enforcement (ICE), Customs & Border Protection (CBP), and Transportation Security Administration (TSA)
What does USCIS handle?
Visas, documentation, etc. (“good guys”)
What does ICE handle?
Workplace and home raids (enforce on interior)
What does CBP handle?
Customs and ports of entry (works w/ ICE in policing the 100-mile zone)
What does TSA handle?
Documents at the airport (part of CBP)
What does the 4th Amendment do?
The 4th Amendment protects against unreasonable detentions, searches, and seizures
What does the 4th Amendment require law enforcement to do?
The 4th Amendment requires law enforcement to secure warrants (signed by a judge) for searches and must establish probable cause (homes are private property even within the 100-mile zone)
What is the difference between an administrative and a judicial warrant?
An administrative warrant is not signed by a judge and produced by ICE, while a judicial warrant is signed by a judge with a name and a date
What is probable cause?
Probable cause is the legal standard that enables officers to obtain search warrants and make arrests (must establish that a “reasonable person” would believe that a crime has been committed/that the person to be arrested has committed a crime)
What is reasonable suspicion?
Reasonable suspicion is the less rigorous standard for brief searches that was established in Terry v. Ohio (1968), is granted when an officer is “able to point to specific and articulable facts, which taken together with rational inferences from those facts reasonably warrant that their safety or that of others is in danger”
How can reasonable suspicion lead to probable cause?
Reasonable suspicion leads to information being discovered that establishes probable cause (i.e. pulled over for swerving → signs of being drunk → breathalyzer → arrest for DUI)
What is the 100-mile border zone?
The 100-mile border zone refers to the spaces that are within 100 miles from international borders, as well as the US coastline
What extra permissions do CBP have in the 100-mile border zone?
CBP can board vessels/vehicles and conduct minimally intrusive stops of people it has reasonable suspicion it believes to be without proper documentation
What are individuals subjected to in the 100-mile border zone?
Expedited removal (after establishment of probable cause), right to go in front of an immigration judge revoked
Probable cause not necessary for those that have been in the US for <14 days
What is US v. Brignoni Ponce (1975)?
US v. Brignoni Ponce (1975) is the Supreme Court case that established that appearing to be of “Mexican ancestry” can constitute one factor (though not the sole factor) in establishing reasonable suspicion for a stop and search within the 100-mile border zone
What rights still apply in the 100-mile border zone?
4th Amendment, right to stay silent/not disclose documentation status (except student/non-immigrant visa holders), officers still need reasonable suspicion or probable cause
How does “Operation Return to Sender” of January 2025 in Kern County illustrate the tendency of the CBP to violate rights in the 100-mile border zone?
CBP conducted an indiscriminate sweep of individuals who appeared to be farmworkers or day laborers (regardless of immigration status) and transported them to El Centro Border Patrol Station, were coerced into voluntary departure via not providing Spanish documents, suppressing full implications of signing voluntary departure forms, etc.
What does voluntary departure entail?
Voluntary departure allows people to “voluntarily” depart from the US within a specific time frame w/o receiving an order of removal, but individuals must waive their rights to an immigration hearing, cover all expenses, and are still subject to bars in applying for visas
What makes up the digital border wall arsenal?
License plate recognition (tracks movements/patterns of drivers), surveillance towers and drones (can detect presence/record video up to six miles away, often in remote, inhospitable locations), and biometrics (fingerprints, DNA, facial/voice recognition)
