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Case Study: What Is The Fourth Amendment Only As It Pertains To Secure The Border

1511 Words7 Pages

1) Describe the challenges faced by US Customs and Border Protection agents attempting to secure the border. Be sure to include: What is the functional equivalent of the border? What is the Fourth amendment exception as it pertains to border searches? How are seizure statistics used to justify the mission of border security? The U.S Customs and Border Protection agency (CBP) is responsible for securing the nation 's borders at 327 ports of entry (air, land and sea). There are many challenges CBP agents face when it comes to securing the nation 's borders from cross border infringements. Since September 11th, 2001 the government’s number priority on the home front is to prevent any acts of terrorism from occurring. This means that CBP …show more content…

The challenges that come from facilitating legal border crossing while trying to maintain secure borders can be seen when taking a closer look at the U.S northern and southern borders. The northern U.S border that neighbors Canada can be described as an open border with more relaxed regulations and security. This has been great in the past for transportation and trade, however there is an open border paradox that lax regulations and security, let in unwanted illegal activity in too easily. On the Southern border along Mexico, the U.S has more of a closed border, that has a fence along part of it, active border patrol patrolling the area and security checkpoints that make entry much more difficult. The paradox with the closed border is that it encourages and contributes increased migrant and narcotics smuggling and the level of corruption and organized crime is more prevalent. In order to facilitate legal border crossing while maintaining secure borders it important for authorities to come up with ways to validate ways for law-abiding citizens to cross efficiently, such as the sentry pass that has been implemented along the southern border. Also it is crucial that federal agencies implement ways that agents can intercept threats and high-risk individuals before they make it across the

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In Reece Jones article Why to Build a Border Wall?, originally published on November 8, 2012, in the North American Congress of Latin America, Jones explains the United States purpose of building a border wall. He states that these walls and fences are the results of the state internal politics and three specific reasons are made up to construct a border wall. These reasons are based on the state sovereignty, protection of wealth and cultural practices. Jones also establishes that barrier constructions legitimate and intensifies the internal practices of a sovereign state.

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In order to fill their labor needs, the U.S. government worked with the Mexican government to encourage immigration, providing access to land, labor, and other resources. This solution proved to be temporary. While at first Mexican immigrants were not the primary targets of U.S. immigration restrictions, due to a combination socio-economic factors, they would soon become the most targeted group of immigrants. The following chapters in part one discuss the growing violence of border patrol. The Border Patrol was fairly new and immigration officers struggled to maintain ethical and fair.

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It all starts with the United States passing the Immigration Act of 1907, which was a law that “required all immigrants entering the United States to pass through an official port of entry, submit themselves to inspection, and receive official authorization to legally enter the United States” (Hernandez pg 1). The United States quickly became a nation severely divided over the issues of illegal immigration. In May of 1924 the border patrol was created to enforce immigration laws and restrictions by preventing illegal border crossings and policing the borderland regions. Despite many possible subjects or ‘suspects’ of illegal immigration, such as Asians, Europeans, and prostitutes, the U.S border patrol almost exclusively focused on Mexican immigrant workers. Then in the 1940s, the focus of the U.S border patrol shifted to the southern border.

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With the involvement of the federal government has caused concern with the State and local law, along with the local port authorities due to the repeated nature, cost, and manpower. On the other hand, having layers of security oversea by both the State and Federal Government could assist in the overall mission of CBP and that is to protect the United States from any incoming threats and to ensure legal trade. References Bureau of Justice Assistance. (2005). Intelligence-led bureau of justice assistance/policing: The new intelligence architecture.

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829 Words | 4 Pages

Per this rule, the issue is a violation of the Fourth Amendment. David Riley was driving with expired tags when he was arrested. The police impounded the car when they realized that his license was suspended. Policy states that when a car is impounded, an inventory search must be conducted. He was arrested for possession of loaded firearms.

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613 Words | 3 Pages

The United States Border Patrol (USBP) has a well-appreciated reputation of the agency that is reliable for patrolling our borders and refusing any illegal immigrants from accessing our country. Of course, in the wake of the 9/11 attacks, the principal goal of the USBP is to identify and stop the insertion of terrorists, weapons of mass destruction, and, as stated earlier, illegal aliens into the United States. The USBP is also liable for preventing any drug smuggling venture before the contraband comes into the US. The Homeland Security Act of 2002 eliminated the Immigration and Naturalization Service and transferred the USBP authority and mission to the Department of Homeland Security (DHS). Within DHS, the USBP forms a part of the Bureau of Customs and Border

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2525 Words | 11 Pages

One objective that CBP has in regards to border security, is to increase their situational awareness of the air, land, and maritime borders (CBP.gov 17). This means that the CBP is constantly making sure they stay on top of current threats and are ready to defend against any situation that they may encounter. A Second objective CBP has is to detect, interdict, and disrupt any type of illegal cross-border activities that may occur (CBP.gov). This is important when it comes to the security of the United States, because one of the illegal activities that could be occurring along the border is terrorist trying to get into the country. A good way to ensure that illegal cross-border activities do not take place, is by building and maintaining a superb relationship with all of the state, local, federal, tribal, and international partners

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237 Words | 1 Pages

School officials are not allowed to conduct searches on students without probable cause; and random searches are not permissible according to The Fourth Amendment. The Fourth Amendment states that a person has the right to be secure in their homes, and personal effects and to prevent them against un-probable search cases. For example, these laws and policies affect school leaders decision-making procedures by stating that school leaders must have probable cause to conduct searches against students for specific incidents and locations including any property to be taken from the students. For example, in the case of New Jersey v T. L. O. (1985) addressed the issue of can a search by a school official be called a "search" based on the Fourth Amendment

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2970 Words | 12 Pages

The United States Border Patrol, USBP, has acted as the country's first line of defense against unauthorized migration throughout history. Border Patrol's primary focus and mission is to prevent as well as detect the entry of any and all weapons of mass destruction, terrorists and illegal aliens into the country while also working to interdict drug smugglers and all other criminals along the border (Haddal, 2010). The Homeland Security Act of 2002 did away with the Immigration and Naturalization Service and instead placed the United States Border Patrol in the Department of Homeland Security. USBP, in the last couple of decades, has begun to receive a drastic increase in funding in response to incidents, which could have been prevented if the terrorists had been stopped at the border (Haddal, 2010). The United States has some of the world’s longest land and sea borders and securing them is both a national security priority and logistical challenge.

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937 Words | 4 Pages

Our nation 's greatest and most obvious vulnerability remains our porous and unprotected southern land border. Yet every day, unknown numbers of human and drug smugglers, criminals and potential terrorists continue to illegally enter the United States through our border with Mexico. The exposure of our southern border demands that we take immediate action to implement the most effective enforcement mechanisms available. And while technology and manpower are an important part of this effort, the best and most effective method of preventing illegal foot and vehicle traffic from entering the United States is border security fencing.

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740 Words | 3 Pages

To be frank, the fourth amendment is a security blanket for American citizens; it protects them from illegal searches and seizures. The amendment was one of the first ten, which made up the original bill of rights in the constitution. Many were added to it since then, but the first ten remain extremely important. Without the fourth amendment, America and its citizens could be subject to searches and seizures at any time.

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1762 Words | 8 Pages

Many foreigners were denied entry into the United States based on a contract labor law. Because they were denied entry many entered the United States illegally usually slipping passed the entry points. Therefor it the evolved the need for a border-control force. In 1885

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784 Words | 4 Pages

In the book “Hyperborder The Contemporary U.S. - Mexico Border And Its Future” explains that in the United States gets about 37 million foreign born migrants from across the world. Mexico is the only developing country that shares borders with a major world power, this result would cause many immigrants crossing the border. The percentage of Mexican’s and other foreigners crossing the border is significantly high. Therefore, immigrants can

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300 Words | 2 Pages

The Fourth Amendment provides defense against illegal search and seizures. Essentially, one can rest assured that the police will not simply enter his house without any cause or warrant, search until they find something incriminating, and then legally use that discovery to charge the person with a crime. Instead, there are many very specific rules and regulations about how something can be discovered and even damning evidence found incorrectly is thrown out (Katsh, 2013). This is an important constitutional right as it ensures that witch-hunts that aim specifically to find something illegal are never carried out and instead the law enforcement aim is to properly catch someone who is doing something wrong.

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526 Words | 3 Pages

Despite the multiple attempts at creating a well-rounded immigration reform the United States has failed to achieve the full capacity of the reform. The United States first failure at the reform was in 1986 when congress passed the “Immigration Reform and Control Act”. The purpose of this legislation was to amend, revise, and re-assess the status of unauthorized immigrants set forth in the Immigration and Nationality Act. The content of this bill is overwhelming and is divided into many sections such as control of unauthorized immigration, legalization and reform of legal immigration.

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