The Border Patrol claims jurisdiction over Portland because it's within the 100 mile border zone

[ehrnst]

And it turns out if you’re in the US there’s a two out of three chance you are too. And the border patrol doesn’t think it’s covered by the 4th Amendment. So now we have unmarked military with near unfettered power.

Much of U.S. Population Affected
-Many people think that border-related policies only impact people living in border towns like El Paso or San Diego. The reality is that Border Patrol's interior enforcement operations encroach deep into and across the United States, affecting the majority of Americans.
-Roughly two-thirds of the United States' population lives within the 100-mile zone—that is, within 100 miles of a U.S. land or coastal border. That's about 200 million people.
-Connecticut, Delaware, Florida, Hawaii, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Vermont lie entirely or almost entirely within this area.
-Nine of the ten largest U.S. metropolitan areas, as determined by the 2010 Census, also fall within this zone: New York City, Los Angeles, Chicago, Houston, Philadelphia, Phoenix, San Antonio, San Diego and San Jose.

https://www.aclu.org/press-releases/aclu-sues-federal-agents-portland

[Thomas Hurt]

1. Do they have jurisdiction over all crimes or just immigration violation and any crimes collateral?

[grantcart]

12. they have jurisdiction within 100 miles to ask country of origin,

If they see another non violent crime they would normally refer it to the Sheriff

See 11 below

[ProfessorGAC]

2. How Is Chicago or Milwaukee On That?

Yeah, they're on Lake Michigan, but they consider Lake Michigan international waters?
Per this map, Lake Michigan doesn't contact the border.
So, how do these 2 cities apply?
https://www.google.com/maps/d/viewer?hl=en&ie=UTF8&msa=0&z=6&mid=1C-IeM1ddKtIoXLZbW8j7g5IiG34&ll=44.73893003507395%2C-82.49633800000001

[Srkdqltr]

5. There is a Border Patrol office downriver from Detroit.

Near the Detroit River which is an international boundary.

[ProfessorGAC]

7. That Makes Sense

But, Chicago & Milwaukee are not a hundred miles from Detroit, or that border in the lake shown on that map.
I get Detroit. Separated by a river from Canada. (I've gone through that tunnel to Windsor a few times.)
Same with Buffalo given Niagara Falls so close.
I'm curious why cities not within a hundred miles of the border are considered within the 100 mile zone.
Chicago definitely can't be! It's 90 miles just to get to Milwaukee. That border isn't 10 miles north of that.
If it were I wouldn't have been in Kohler, Wisconsin. And Green Bay would be in the CFL!
I find the justification for that map wanting.

[Srkdqltr]

8. They are counting on the idea that most folks didn't pass geography.

And have no idea where they are in the country.

[ProfessorGAC]

10. I Guess So!

[sarisataka]

13. International shipping travels on Lake Michigan

And both Milwaukee and Chicago are ports which receive such traffic. The ships may not have stopped at any other US port so I believe that is the justification for including Lake Michigan as a border area.

Although the map does not show it as such, I wonder if a similar justification could be used to declare any international airport as a "border" if it receives direct international flights?

[ProfessorGAC]

14. Because Of The St. Lawrence?

Since all the mills closed, I'm guessing that traffic is lower than it used to be.
I can see much more traffic in the steel days, with ore & coke in and products out.

[sarisataka]

15. I believe so

It is probably much lower than years past. There is still some iron travelling but I think farm products are a much greater percentage of cargoes.

Duluth is in a similar position on Superior. Whenever I visit it is very common to see European flagged vessels there.

[grantcart]

17. the Northern part of Lake Michigan falls within the 100 mile zone

The assertion that the Border Patrol is asserting 100 mile jurisdiction all around the US doesn't exist. The placement of check points (which is what the 100 mile refers to) is a well established understanding that has been decided by the Supreme Court and only applies to fixed check points, has nothing to do with the ridiculous drawing in the OP

https://en.wikipedia.org/wiki/Border_search_exception#:~:text=The%20Supreme%20Court%20has%20clearly,such%20as%20United%20States%20v.

Federal law allows certain federal agents to conduct search and seizures within 100 miles of the border into the interior of the United States.[5] The Supreme Court has clearly and repeatedly confirmed that the border search exception applies within 100 miles of the border of the United States as seen in cases such as United States v. Martinez-Fuerte where it was held that the Border Patrol's routine stopping of a vehicle at a permanent checkpoint located on a major highway away from the Mexican border for brief questioning of the vehicle's occupants is consistent with the Fourth Amendment.[6] However, searches of automobiles without a warrant by roving patrols have been deemed unconstitutional.[4]

what is happening in Portland is a White House operation, not a Border Patrol operation and the only reason that they can misuse Federal LEO is because there is no permanent secretary of DHS and they can bully the acting secretary who probably hasn't figured out where the bath rooms are yet.

[ProfessorGAC]

20. So, It's The Whole Lake

And not just the location of the city.
Got it. Thanks.

[grantcart]

21. No if the rule was to be applied it would have to be on a check point

On a road.

The rule allows for an exemption from needing probable cause.

The BP would have the right to pursue if they had probable cause on water or land. Smugglers used the Dalton Sea for transport to avoid a checkpoint in CA once but we're caught.

[Retrograde]

23. 'Cause Barr sez they are

Don’t confuse things by bringing facts into the discussion. Although IIRC the border is drawn so that all of Lake Michigan is in the US. For the other lakes the border runs roughly down the middle.

[Takket]

3. jurisdiction my ass

they have jurisdiction to do what they are authorized to do. which is execute laws related to "customs and border patrol"

just because they can be in Portland doesn't mean they can write you a speeding ticket, investigate a murder, arrest you for shoplifting and it sure as hell doesn't mean they can detain American citizens and kidnap them in unmarked vans.

everyone involved in this should be in prison.

[grantcart]

4. At no point does the border Patrol assert the 100 mile rule in the article you link to

The BP agents in Portland are part of a small (around 250 Agents) that have received and been certified for tactical response (commonly referred to as SWAT n the vernacular) and are called to respond to tactically defined situations as needed.
The BP designation is BORTAC.

Obviously the situation in Portland does not come anywhere close to a tactical situation. This kind of misuse can only happen under Trump where there is no DHS Secretary and the WH bullies commanders with illegal use of force orders.

The long established 100 mile rule (long upheld by the Supreme Court) does not in any way lower the bar for arrest and detention. It simply allows the BP to set up check points inside the border and briefly stop people in transit to ask "what country are you from"?

No one is required to answer and not answering does not provide probable cause. Agents must still have some specific reason for probable cause to detain or arrest somebody and it has long been the policy not to use trivial issues like personal use of MJ as a basis for probable cause issue.

ACLU should sue but it should be suing Trump for mis use of a federal agency not the BP. These actions have nothing to do with the 100 mile rule.

[LeftInTX]

9. They already sued. I wanna know when there will be an injunction??

I believe they sued BP, but still, what's taking so long??

[grantcart]

11. If at any point they sued because of the 100 mile rule they will be laughed out of court

If they sue because its a misuse of federal LEO then they can get an injunction.

Here is the ACLU standard pamphlet which echoes what I said with one major error they made:


https://www.acluaz.org/sites/default/files/field_documents/aclu_border_rights.pdf


Here is the quoted part related to check points, which are established with the 100 mile rule:

Border Patrol may stop vehicles at
certain checkpoints to: (1) ask a
few, limited questions to verify
citizenship of the vehicles’
occupants and (2) visually inspect
the exterior of a vehicle.
Agents may send any vehicle to a
secondary inspection area for the
same purpose: brief questioning
and visual inspection.
Agents should not ask questions
unrelated to verifying citizenship,
nor can they hold you for an
extended time without cause.
Even though you always have the
right to remain silent, if you don’t
answer questions to establish your
citizenship, officials may detain you
longer in order to verify your
immigration status

As I said above no one has to answer any questions and refusing to answer doesn't by itself give probable cause. People who keep their windows closed and yell "hey asshole you can't ask me any questions its against the constitution" are actually indicating a likelihood of American citizenship by their reference to the Constitution and will be allowed to pass without further questions. However if you are rude and offensive and have a broken taillight they may refer the car to the deputy sheriff sitting at the check point for a regular traffic stop, so I don't recommend that approach.

By the way while you don't have to answer any questions you do have to follow any legal order given by a law enforcement officer so the people you see on Youtube yelling at the Border Patrol won't get cited for their reaction, when they are told to move their vehicle while they run the plates and the driver refuses to move the car to secondary they can now face a charge from the sheriff's department.

The error in the pamphlet is aggregious and embarassing.

It gives instructions about Border Patrol Agents at Border Crossings. Legal border crossings are known as Ports of Entry. That can include POE at the Border or Airports, Seaports, etc.

There are no operational Border Patrol units stationed at the POE to interact with passengers or travellers (a couple of exemptions are referred to below), The breakdown of jurisdiction is as follows:

Customs Officers are the legal authority at POE. The current policy is that their jurisdiction stops at 100 feet outside of a POE. Even if there is a violent car chase through a port Customs Officers can only pursue 100 feet. This is why you will find frequently find a BP vehicle with Agents in the outbound lane, if there is a hot pursuit then it would be BP not Customs. They are also passing information on intel of suspected cartel units passing through the port so that undercover units can pick them up in the interior.

Border Patrol jurisdiction starts at the border and 100 feet from a POE and goes to 100 miles into the interior. They can pursue active cases into the interior but ICE is really responsible for enforcement on the interior (borders not sea line).

The one embarrassing error that they make in the pamphlet is in the section at "Border Crossings".

As explained above Border Patrol is not active at Ports, Customs is and they are Officers not agents. More to the point is that anyone entering the US at a POE does not have the same constitutionally protected rights that you have once in the US. There is no need for probable cause, everything and everybody coming into the country has waived many basic rights that you have once in the country.

For example, just as you waive the right not to be searched when you stand in line at the airport when you enter a port you waive the need for probable cause and everybody and everything can be searched. This isn't just for the search of criminals etc, but also for the accidental introduction of non native plant species, etc.

And while you always have the right to say nothing if you do not answer any question by a Customs Officer you do not have the right to enter the country without answering and if you don't answer they will refuse entry. There are still standards of what and how can be asked (or searched) but a person's level of rights at the port of entry is not the same as somebody who is in the country (legally or illegally).

The general guidelines by the ACLU, including to never lie, is sound. The pamphlet confirms the general understanding of what the authority of the BP is within 100 miles and what was happening in Portland has nothing to do with the 100 mile rule or normal BP operations, it is another aberration of the criminal Trump White House.

[rockfordfile]

19. Actually this shows it can happen under anybody and is a major problem

The violence done to the Navy Vet is un-American. Those should be arrested.

[grantcart]

22. It's an abuse of the use of tactical Fed LEOS and it's the WH that should be held responsible.

It simply has nothing to do with the 100 mile exception rule which is only an exception to probable cause to asking a question at an established checkpoint. If this happened at an approved checkpoint it would still be illegal and not covered by the exemption.

I believe it is also possible to sue individual officers if they knowingly deny individuals their civil rights.

[Disaffected]

6. What next?

100 miles on the other side as well?

[grantcart]

18. No it is a misinformed representation of the rule and the practice

The 100 rule exception pertains only to FIXED CHECK POINTS within 100 mile of the sou

https://en.wikipedia.org/wiki/Border_search_exception#:~:text=The%20Supreme%20Court%20has%20clearly,such%20as%20United%20States%20v.


Federal law allows certain federal agents to conduct search and seizures within 100 miles of the border into the interior of the United States.[5] The Supreme Court has clearly and repeatedly confirmed that the border search exception applies within 100 miles of the border of the United States as seen in cases such as United States v. Martinez-Fuerte where it was held that the Border Patrol's routine stopping of a vehicle at a permanent checkpoint located on a major highway away from the Mexican border for brief questioning of the vehicle's occupants is consistent with the Fourth Amendment.[6] However, searches of automobiles without a warrant by roving patrols have been deemed unconstitutional.[4]

There is about a dozen in Arizona/California combined. Not sure how many in Texas.

Most of the east west check points (i.e. on US 8) have been closed. Many are located on North south Interstates Highways that are too busy to stop traffic (5 and 15).


Better technology has improved apprehension closer to the border but some years ago I was behind a Semi rig that had Safeway decals. When they opened the doors they (and me) were surprised to see about 60 people packed in the back.

[Baitball Blogger]

16. Oh, how convenient. Leaving the fly over states untouched.