Jon Stokes

Ars Technica

October 25, 2008

A d v e r t i s e m e n t



Longtime Ars readers know that I’ve had my own problems in the "Constitution-free zone" that exists in US airports, but an aggressive new ACLU campaign highlights a fact of which I was previously unaware: the Constitution-free zone that exists a US borders and airports actually extends 100 air miles inland and encompasses two-thirds of the country’s population. The US Border Patrol can set up checkpoints anywhere in this region and question citizens.

The Fourth Amendment to the Constitution contains a border-related exception to unreasonable search and seizure laws, permitting searches at border checkpoints that wouldn’t be permitted elsewhere. But federal statute 8 CFR 287.1 (a)(1-3) defines the border zone for enforcement purposes as encompassing an area within 100 miles of the actual border, with the possibility of extending it further under certain circumstances. This means that the US Border Patrol could conceivably set up random checkpoints asking travelers for a passport in places like Columbus, Ohio; Houston; or anywhere in the state of Florida. And, in fact, it appears that it has been doing exactly this.

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