Advanced SearchThe American Civil Liberties Union of Arizona will host a community forum in Green Valley on July 16 to spotlight the civil liberties implications of border checkpoints within the emerging Constitution-Free Zone." The “zone” is a 100-mile-wide strip that wraps around the external boundary of the United States where U.S. Customs and Border Protection (CBP) can exercise extraordinary authority that would not normally be permitted under the Constitution.
|
|
But there has always been a longstanding view that the normal rules do not apply within this vast 100-mile-stretch near the border. The reality for many Arizonans living far inland is that they are being stopped and harassed in ways that our Constitution does not permit.
The ACLU decided to host the event after receiving complaints about encounters with CBP near the temporary checkpoint along Interstate 19 at the northbound Agua Linda Road exit 42. CBP is planning to build a permanent checkpoint just south of there near milepost 41. Individuals who have had problems will speak at the event, as well as constitutional law experts who will answer questions during an interactive “Know Your Rights” portion of the program.
The ACLU noted that although courts have permitted border checkpoints legally speaking, they are administrative stops they are permitted for the specific purpose of protecting the nations borders. Those stops cannot be used to circumvent the requirements of individualized suspicion and probable cause that apply to routine drug searches and other law-enforcement activities.
After 9/11, Congress gave the Department of Homeland Security (DHS) the right to use some of its powers deeper within the country, and now DHS has set up at least 33 internal checkpoints where they stop people, question them and ask them to prove their citizenship.
More recently, in response to the increasing concern regarding drug trafficking and arms smuggling, DHS announced that it is considering new initiatives to inspect southbound traffic to Mexico.
Agreement
DHS has also recently entered into memoranda of agreement with the Drug Enforcement Administration and the Bureau of Alcohol Tobacco, Firearms and Explosives to increase information sharing and enforcement efforts, including along the Southwest border.
The continued expansion of law-enforcement efforts along the Southwest border is of particular concern given the government’s broad interpretation of its power in the border region and the resulting negative effects on communities and individuals in these areas, added ACLU of Arizona Immigrant Rights Advocate Victoria Lopez, who will participate in the program.
Also attending will be Margo Cowan, defense attorney in the law offices of the Pima County Public Defender and border policy victims.
The meeting will be at the Green Valley Library at601 N La Canada Drive No. 101 from 3-5 p.m.
For more information, call Addy Bareissat at (602) 650-1854, Ext. 115.
Popular Searches
Comments
DISGUSTED wrote on Jul 17, 2009 11:50 AM:
Hector Arevalo Jr. wrote on Jul 15, 2009 8:46 PM:
I also travel through this checkpoint very often because I study at the U of A. I used to pass through it every day for 2 years before I moved to Tucson.
First and foremost these are immigration checkpoints. I always declare my citizenship and answer no more than a few questions that seem reasonable.
I can say from experience that there does seem to be unusual racial profiling going on where they insist on searching me for no apparent reason.
In US v. Martinez-Fuerte (1976) it says "even if it be assumed that such referrals are made largely on the basis of apparent Mexican ancestry, we perceive no constitutional violation."
So its clear that primary agents are given a significant amount of discretion when it comes to referring motorists to secondary.
When it comes to searches however, I NEVER consent. And unless the K-9 alerts of any contraband or human beings inside my trunk, further searching is unconstitutional.
It is obvious that young brown males/females travelling within the United States are hassled by these internal checkpoints where there is no reason to believe that they are violating immigration law.
Benjamin Franklin warned that those who are willing to give up their rights for a little security deserve neither.
I do agree that national security is important but I also believe that a government that fails to observe its own laws is a failed government. "
C8A9V wrote on Jul 15, 2009 11:44 AM:
Appalled wrote on Jul 13, 2009 2:03 PM:
JUSTICEFORALL wrote on Jul 13, 2009 12:29 AM:
I disagree wrote on Jul 11, 2009 8:32 AM:
There is definitely an issue of "racial profiling" hereabouts. Just ask my young neighbor's son who commutes from Rio Rico to Tucson to attend Pima. He's an American citizen whose skin is brown. He's frequently grilled by BP agents at the I-19 checkpoint. And on at least 2 occasions was waved into secondary - based, he believes, on his color.
Such is an outrageous violation of the 14th amendment of the Constitution. It needs correction, and I'm pleased that the ACLU is taking the initiative. "
The Redskin Redneck wrote on Jul 10, 2009 10:52 PM:
"Nebulous law and order mandate," and
"oprresive and openly racist government", are COMMUNIST TERMINOLOGY. Subversive talk by those who hate America and have an anti-American agenda. Nice try , but we've heard it all before, like at the Gran Marches of the illegal aliens and their subversive enablers--like the ACLU, for example.. "
samD wrote on Jul 10, 2009 9:26 AM:
ABP keep up the good work and if you need help, you have my email add.
samD "
The Redskin Redneck wrote on Jul 9, 2009 5:28 PM:
gary rose wrote on Jul 9, 2009 4:19 PM:
soy Joaquin wrote on Jul 9, 2009 3:52 PM:
A Reader wrote on Jul 9, 2009 3:22 PM:
As a result, they extend constitutional rights on those who have no constitutional rights in the U.S., in particular, 1st, 4th, and 14th Amendment rights.
ACLU lawyers are aware of the above yet they keep perpetuating their absurd interpretation of the law of the land. This in itself is a symptom of hostility towards most of us paleo-Americans. "
JimC wrote on Jul 9, 2009 2:22 PM:
place the American flag along side the
Mexican flag?
Mexico is not our friend!
They teach their citizens that the American southwest belongs to them and that they
belong here and don't need authorization to be here which is hogwash.
The Apaches laughed when the U.S. government gave Mexico 15 million dollars
for land that never belonged the them in the Treaty of Guadalupe Hidalgo.
The Apache and other Indians lived in the American southwest for centuries not the Mexicans.
The ACLU doesn't appear to be a friend of ours either! "