I definitely agree that this 100-mile reach is egregious overreach, but have there ever been any cases of this being actually abused, such as in the scenario you describe? Or for instance, have CBP agents ever busted into someone's home?
There's the Greyhound bus raids. Probably happening still.
Does Suda v. U.S. Customs and Border Protection count? Suda was just hanging out in a small town in Montana and speaking Spanish. Martinez-Castro, et al. v. Village of Wakeman, et al. ? Saucedo-Carrillo, et al. v. United States? Jaimes v. Harris, et al.? Moreno v. United States Customs and Border Protection Officer Mario Unate and the United States of America? Hernandez-Carranco v. USA, et al.? Sanchez, et al. v. U.S. Office of Border Patrol, et al ? These are just a few of the ones that make it to the lawsuit stage, you understand.
Would you consider the ACLU complaint? https://cbpabusestest2.files.wordpress.com/2016/12/az-aclu-c...
> Or for instance, have CBP agents ever busted into someone's home?
Homes are the only thing excluded from this authority but just because it's to hand, Boule v. Egbert et al. The agent got it dismissed in summary judgment, saying the agent was in the wrong but the fourth amendment didn't apply because the house was right next to the border, and if property-owners like that had rights CBP officers might hesitate as they went about their patrols, and let bad guys get way. (They got that reversed on appeal — after two years and the expenses of appeal — and were allowed to proceed with the original suit.)
[1] https://holdcbpaccountable.org/2013/12/12/no-312-cv-05186-n-...
https://www.theguardian.com/us-news/2020/jul/27/trump-border...
In the pre-dawn hours of Holy Saturday, April 22, agents of the Border Patrol's special BORTAC unit as part of an operation in which more than 130 INS personnel took part[25] approached the house, knocked on the door, and identified themselves. When no one responded, they entered. At the same time, pepper-spray and mace were employed against persons outside who attempted to interfere.[26] In the confusion, Armando Gutierrez called in Alan Diaz, of the Associated Press, to enter the house and enter a room with González, his great uncle's wife Angela Lázaro, her niece, the niece's young son, and Donato Dalrymple (one of the two men who had rescued him from the ocean). They waited in the room listening to agents searching the house. Diaz took a widely publicized photograph of a border patrol agent confronting Dalrymple and the boy.
This has been a politically charged topic, and I'm doing my best to tread lightly.
My understanding is at the end of Obama's term, deportations were mostly driven by criminal activity. If someone got arrested for something, ICE is tipped off, and they're deported. On the other hand, they ran a stop sign, that was generally overlooked.
Later, there was a push to improve those numbers, so there were various people who were suspected or known to be undocumented. Some were visited and deported. There's various stories of homes being busted into. I have some opinions around all of that, but that's a minefield I don't want to walk through.
What is disturbing is, the enforcement varies with the political winds. They have a lot of power. "abuse" is pretty charged in this context. My preference is for the rules to be a lot less fuzzy. We already have a lot of rules around how citizens are treated, my preference is to treat people as citizens until proven otherwise. I'm ok with kicking in the door, if they can get a warrant.
There's lots of special cases, there's lots of horrible outlier examples. Yeah, I get the guy picking tomatoes getting paid under the table is not paying taxes. I know some folks don't report their tips.
Enforcement is super tricky, and I don't want to make it a million times harder, but I would like it to be more consistent. Again, this is a politically charged topic, which makes it tough to really think through (for me anyway).
[1] https://econofact.org/immigrant-deportations-during-the-trum...
