Border Patrol Legal Issues

The United States Border Patrol is a subdivision of the United States Customs and Border Protection (CBP) agency. A Border Patrol agent has broad powers to enforce numerous regulations, policies, and laws that relate to protecting the borders of the U.S.

In the context of immigration law, Border Patrol agents perform many different tasks that are directly related to immigration policies and violations. Examples of tasks that the Border Patrol performs include, but are not limited to:

• Arresting individuals under suspicion of illegal immigration;
• Building border fences and other structures;
• Participating in the removal or deportation process;
• Patrolling for border safety purposes;
• Performing traffic inspections for hidden passengers. This responsibility has expanded to sites such as bus stops and railway stations; and
• Identifying and protecting against terrorist threats.

A border patrol agent is authorized to employ the use of force if it is necessary. In addition, Border Patrol agents often work with other government agencies, for example, the United States Citizenship and Immigration Services (USCIS) as well as local, state, and federal law enforcement agencies.

What Is the U.S. Customs and Border Protection Agency?

The United States Customs and Border Protection (CBP) agency is a federal law enforcement agency that is a division of the U.S. Department of Homeland Security. It is the responsibility of the CBP to ensure the safety and security of all United States international borders.

The CBP is responsible for:

• Regulating and facilitating international trade;
• Collecting import duties; and
• Enforcing U.S. regulations, including:
  • trade;
  • customs; and
  • Immigration.

What Types of Issues Does the CBP Monitor?

The CBP has five missions, including:

• Counter terrorism: This involves anticipating, detecting, and disrupting the threat of terrorists;
• Combat transnational crime: This involves detecting, deterring, and disrupting transnational organized crime;
• Secure the border: This involves protecting the United States against illegal entry;
• Facilitate lawful trade and protect revenue: This involves enabling fair, competitive, and compliant trade to ensure economic security for the American people; and
• Facilitate lawful travel: This involves improving the travel experience by anticipating and intercepting threats along the borders and at border crossing points.

The majority of CBP agents work in real-time situations in the field, instead of in administrative or investigative functions. CBP officers engage in numerous activities, including:

• Immigration supervision and control;
• General customs enforcement; and
• Agricultural customs enforcement.

Under the Immigration supervision and control category, CBP agents are responsible for:

• Watching out for general border safety concerns;
• Patrolling the U.S. border for safety and immigration purposes;
• Processing travelers at border entry points;
• Preventing those who do not have permission from crossing into the United States;
• Monitoring and identifying suspicious or high-risk persons seeking entry into the country;
• Arresting persons who are under suspicion of illegal immigration;
• Participating in the removal or deportation of individuals who do not have authorization to be in the United States;
• Performing traffic inspections looking for hidden passengers; and
• Building border fences and other structures.

In the general customs enforcement category, CBP agents are responsible for:

• Seizing all merchandise that is:
  • stolen;
  • smuggled; or
  • clandestinely imported;
• Inspecting packages for drugs and other contraband;
• Searching and inspecting electronic items such as:
  • cell phones;
  • laptops; and
  • tablets; and
• Arresting those individuals who have smuggled illegal goods into the U.S.

In the agricultural customs enforcement category, CBP agents are responsible for:

• Inspecting items that cross international borders into the U.S., particularly agricultural products;
• Preventing the entry into the U.S. of non-native contaminants, diseases, and agricultural pests by inspecting:
  • people;
  • luggage;
  • containers; and
  • trucks;
• Examining wooden pallets that could hide the larvae of wood-boring insects that would attack native trees or nursery stock;
• Ensuring that imported fruits and vegetables are pest-free; and
• Targeting, detecting and intercepting evidence of agro-terrorism, or terrorism that is intended to harm some area of agriculture or the U.S. food supply.

What Are Some Common Border Patrol Legal Issues?

The policies of the Border Patrol have often come under criticism, mainly because of the increased use of force and surveillance following September 11, 2001. Because of the increased strictness related to border crossing policies, there are some legal issues that have come up in connection with border patrol issues

These issues include:

• Illegal immigration: Stricter policies have led to larger numbers of deportation and removal of individuals due to illegal immigration;
  • Some states have stricter immigration policies;
• Documentation issues: Certain states and jurisdictions are seeking to enforce policies that require stricter monitoring of immigrant documents, especially for employers who hire immigrants;
• Transportation of illegal goods: Confiscation of property often occurs in connection with Border Patrol agents, who may be looking for illegal drugs, prohibited fruits and vegetables and other items;
  • Retrieving property after an arrest may be difficult in some cases; and
• Arrest and detainment of non-illegal aliens: In certain cases, an alien who is legitimately in the country has been arrested and even removed from the country due to factors including a wrongful identification;
  • Immigrant apprehension laws may provide remedies for an alien who has been wrongfully detained by Border Patrol.

One main concern with Border Patrol issues is that a non-citizen is often not afforded the same constitutional rights and protections as a United States citizen. Therefore, if an individual or their loved one is facing any type of border-related issue, such as border patrol harassment, they may want to consult with an immigration attorney for advice and legal representation.

What Are the Consequences of Border Crossing Violations?

The most visible policing operation of the Customs and Border patrol is border control. The CBP is the agency that regulates who is permitted to enter into the United States.

A border crossing violation may lead to very serious consequences. For example, an illegal border crossing may result in immediate removal from the U.S.

It may also result in an individual being banned from re-entry, either on a temporary or permanent basis. Individuals who violate border crossing laws may lose important constitutional and procedural rights.

An individual who crosses illegally may lose the right to adjust their status while they are in the U.S., even if they would otherwise be eligible for adjustment.

How Long Can Border Patrol Detain You?

Border Patrol can detain an individual for 48 hours. During this time, they must determine whether to put the individual into immigration proceedings, or in front of a judge as well as whether to keep them in custody or release them on bond.

After 72 hours have passed, they are required to provide the individual with a Notice to Appear (NTA). If criminal charges are not filed and immigration does not file a detainer, an individual should contact an attorney or a community organization to help them get released from law enforcement custody.

Should I Hire a Lawyer for Assistance with Border Patrol Legal Issues?

Border Patrol is an integral part of national security in the United States as well as immigration policy. If you or a loved one require assistance with immigration violations and policies, it is in your best interests to consult with an immigration lawyer.

Your lawyer can provide you with guidance about the legal process as well as represent you if you are required to appear before an agency or in a court. Immigration issues may have a great effect on both you and your family, so it is important to ensure that your rights are protected.