You’re not in the United States. Oh sure, look around at the fog lifting over the New England countryside or the diamond deserts of Arizona, but this land isn’t your land, not anymore. It’s a place controlled by U.S. Customs and Border Protection (CBP) and your constitutional rights do not apply on their territory. CBP can, and does, detain Americans, search them without warrant, and physically mistreat them in what has become, for our 9/11 sins, a Post-Constitutional legal purgatory. You are neither outside their grasp in a foreign land, nor protected from them by being inside America.
The concept that the Constitution does not apply at America’s borders is not new, particularly in relation to Fourth Amendment protections against search and seizure. (In this context, “seizure” often takes the form of detention, as well as the more traditional concept of taking physical possessions away.) Once upon a time, the idea was that the United States should be able to protect itself by examining people entering the country. Thus, routine border seizures and searches without warrants are constitutionally “reasonable.” Fair enough. The basic rules, in fact, go back to 1789.
But the fairness of the old rules no longer applies, particularly in the face of a constantly metastasizing CBP, anxious to expand its place in the already expansive Homeland Security ecosystem. On its website, CBP boasts of making 1,100 arrests a day as, in its own words, the “guardians” of America. Do the math: that’s 401,500 a year, and those arrests are not limited to dangerous foreigners. Americans who hold certain beliefs and affiliations are swept up as well, whether they are prominent journalists, activists, or simply (as in today’s piece) angry spouses of men beaten nearly to death by CBP agents. The agency now insists that its jurisdiction does not end at the physical border, the line on the map that separates say the United States from Mexico, but extends 100 miles inland.
Building on his successful new book, Border Patrol Nation: Dispatches from the Front Lines of Homeland Security, TomDispatch regular Todd Miller brings us more examples of CBP lawlessness and brutality, while asking crucial questions about its larger meaning to our nation. Get ready to be scared. If you live near the border, cross the border after a trip abroad, or attract the attention of roving CBP patrols in New England or Arizona within 100 miles of the line, this land belongs not to you and me, but in Post-Constitutional America, increasingly to our so-called guardians. Peter Van Buren
Border wars in the homeland
“Stop stepping on the pictures”
By Todd Miller
Shena Gutierrez was already cuffed and in an inspection room in Nogales, Arizona, when the Customs and Border Protection (CBP) agent grabbed her purse, opened it, and dumped its contents onto the floor right in front of her. There couldn’t be a sharper image of the Bill of Rights rollback we are experiencing in the U.S. borderlands in the post-9/11 era.
Tumbling out of that purse came Gutierrez’s life: photos of her kids, business cards, credit cards, and other papers, all now open to the official scrutiny of the Department of Homeland Security. There were also photographs of her husband, Jose Gutierrez Guzman, whom CBP agents beat so badly in 2011 that he suffered permanent brain damage. The supervisory agent, whose name badge on his blue uniform read “Gomez,” now began to trample on her life, quite literally, with his black boots.
“Please stop stepping on the pictures,” Shena asked him.
A U.S. citizen, unlike her husband, she had been returning from a 48-hour vigil against Border Patrol violence in Mexico and was wearing a shirt that said “Stop Border Patrol Brutality” when she was aggressively questioned and cuffed at the CBP’s “port of entry” in Nogales on that hot day in May. She had no doubt that Gomez was stepping all over the contents of her purse in response to her shirt, the evidence of her activism.
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