Essay On Border Security

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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? US Customs and Border Protection (CBP) agents face a mass of challenges to their attempts of securing the nations border. The reality is, criminals do whatever it takes to be successful at illegal entry, bribes, counterfeit goods, money laundering and counterfeiting, sex trade, arms trafficking, auto theft, false documentation, and border violence. CBP and other entities are restricted to rules, policy, and laws to combat the criminals. This puts officials steps behind the criminals and are constantly playing catch-up.…show more content…
According to U.S.C. Title 8 §1357 (a)(3), "Within 25 miles of the border, CBP agents may come onto private land (but not dwellings) for the purpose of investigating or enforcing immigration law, thus creating a functional equivalent of the border. CBP agents do not need a warrant or consent when entering the private land." Additionally, according to the ACLU of AZ (and supported by 8 C.F.R. 287.1), "The Attorney General has defined 'reasonable distance' as anywhere within 100 air miles of the border." That being said, CBP “…can stop, detain, or search any person 100 miles from the border surrounding the US (ACLU/AZ, n.d., p.1). An example of functional equivalent of a border is an international airport that receives flights from a foreign country. Other examples can include port where a ship docks in this country after entering our territorial waters from abroad. US v. Okafor ruled that Opening luggage at these borders requires no suspicion, while cutting open the luggage, damaging it, requires a reasonable suspicion, to be lawful (Legal Update,

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