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-   -   TSA is doing sweeps for illegals (https://www.flyertalk.com/forum/practical-travel-safety-security-issues/957332-tsa-doing-sweeps-illegals.html)

Eastbay1K May 23, 2009 5:54 pm


Originally Posted by 601 (Post 11795595)
Unfortunately those who reside within 100 miles of an international border are subject to immigration inspection and potentially detention at all times without cause.

Even the US citizens who may not speak much English and may look freshly arrived? I'd like to see where this law comes from. It means the US has approximately half a million square miles of "show me your papers" land? Maybe if they start harassing Tiffany Escalade as she drives her 750i down the hill in La Jolla on the way to Escada, I won't feel as bad about someone who "happens to look and sound like (s)he might be illegal" being forced to prove his legitimate existence on the trolley.

magellan315 May 23, 2009 6:21 pm


Originally Posted by Trollkiller (Post 11795580)
I prefer to call them criminal aliens instead of illegal aliens. To me a criminal is someone that willfully and purposely breaks the law, an illegal on the other hand is someone that unintentionally breaks the law.

Example: A goat herder that crosses the border to retrieve his goat and then returns is an illegal, someone that crosses to live is a criminal.

I am a strongly opposed to criminal aliens, I have no sympathy for them. When people cry that deporting a criminal alien is not fair because they had an anchor baby, I don't care. The sob stories do not pull on my heart strings.

The fact these criminal aliens were caught does not bother me, it is the manner they were caught that bugs hell out of me.

I couldn't agree with you more. Personally if ICE and other federal agencies concentrated on the companies that employ them and used the courts and fines to make things difficult for them. Instead of these ineffective programs like this.

wildcatlh May 23, 2009 6:31 pm


Originally Posted by 601 (Post 11795595)
Unfortunately those who reside within 100 miles of an international border are subject to immigration inspection and potentially detention at all times without cause.

Note that "international border" includes water, and with that added it it encompasses 2/3rds of the US population.

IslandBased May 23, 2009 6:36 pm

Yikes, does that mean I'm surrounded by international borders? :confused:

law dawg May 23, 2009 6:38 pm


Originally Posted by bocastephen (Post 11795499)
Not me. I don't favor illegal immigration one bit, but doing ethnic-based sweeps inside our borders is foul. I don't carry my passport with me - how can I prove that I'm a citizen?

If the agent is halfway competent, in about 5 minutes of conversation.

Trollkiller May 23, 2009 6:40 pm


Even the US citizens who may not speak much English and may look freshly arrived? I'd like to see where this law comes from. It means the US has approximately half a million square miles of "show me your papers" land? Maybe if they start harassing Tiffany Escalade as she drives her 750i down the hill in La Jolla on the way to Escada, I won't feel as bad about someone who "happens to look and sound like (s)he might be illegal" being forced to prove his legitimate existence on the trolley.
Link to the ACLU article about the "Constitution Free Zone".

law dawg May 23, 2009 6:40 pm


Originally Posted by Trollkiller (Post 11795580)
I prefer to call them criminal aliens instead of illegal aliens. To me a criminal is someone that willfully and purposely breaks the law, an illegal on the other hand is someone that unintentionally breaks the law.

Example: A goat herder that crosses the border to retrieve his goat and then returns is an illegal, someone that crosses to live is a criminal.

I am a strongly opposed to criminal aliens, I have no sympathy for them. When people cry that deporting a criminal alien is not fair because they had an anchor baby, I don't care. The sob stories do not pull on my heart strings.

The fact these criminal aliens were caught does not bother me, it is the manner they were caught that bugs hell out of me.

While I understand your point, the term "criminal alien" has a specific definition in CBP/ICE parlance. A criminal alien is an illegal alien with a criminal conviction outside of immigration admin violations.

law dawg May 23, 2009 6:42 pm


Originally Posted by 601 (Post 11795595)
Unfortunately those who reside within 100 miles of an international border are subject to immigration inspection and potentially detention at all times without cause.

This is untrue. Cause must be shown, at all times, for any kind of detention outside of a traffic checkpoint, and that detention must be brief (at checkpoint, that is).

Trollkiller May 23, 2009 6:45 pm


Originally Posted by law dawg (Post 11795744)
This is untrue. Cause must be shown, at all times, for any kind of detention outside of a traffic checkpoint, and that detention must be brief (at checkpoint, that is).

So a TSA agent has NO cause to ID anyone at a Trolley stand. (Trolley in this case I believe is a small bus)

law dawg May 23, 2009 7:23 pm


Originally Posted by Trollkiller (Post 11795755)
So a TSA agent has NO cause to ID anyone at a Trolley stand. (Trolley in this case I believe is a small bus)

A bus is a public conveyance. The BP agent can go anywhere the public can go. They cannot, however, stop the bus without cause (traffic stop). That's beyond public scope. Once on, normal rules apply as to detention.

That's my understanding as to bus checks. We didn't do much bus checking in my area back in my INS days, so please note that's my understanding and is somewhat out of date (many years ago, pre-9/11).

Trollkiller May 23, 2009 7:39 pm


Originally Posted by law dawg (Post 11795834)
A bus is a public conveyance. The BP agent can go anywhere the public can go. They cannot, however, stop the bus without cause (traffic stop). That's beyond public scope. Once on, normal rules apply as to detention.

That's my understanding as to bus checks. We didn't do much bus checking in my area back in my INS days, so please note that's my understanding and is somewhat out of date (many years ago, pre-9/11).

Sounds to me like the TSA and BP did an end run around what is allowable for the BP to do in order to check immigration status of the riders.

law dawg May 23, 2009 8:02 pm


Originally Posted by Trollkiller (Post 11795860)
Sounds to me like the TSA and BP did an end run around what is allowable for the BP to do in order to check immigration status of the riders.

How so? BP agents can board and inspect any public conveyance, and I believe that's in the TSA jurisdiction as well. Whether individualized suspicion was met could be debated on a case-by-case basis, but I don't believe that anyone is familiar with those cases so we can't really speak to that. Besides, we're talking about administrative, and not criminal, issues, so things like "probable cause" really don't apply. Cause must be shown should it go to immigration court for formal deportation, but it's not up to the standard of criminal cause.

We may argue about whether it's "right" or the most effacious use of TSA time and personnel, but I don't think we can argue that it was illegal or unconstitutional or beyond the pale.

Trollkiller May 23, 2009 8:34 pm


Originally Posted by law dawg (Post 11795897)
How so? BP agents can board and inspect any public conveyance, and I believe that's in the TSA jurisdiction as well. Whether individualized suspicion was met could be debated on a case-by-case basis, but I don't believe that anyone is familiar with those cases so we can't really speak to that. Besides, we're talking about administrative, and not criminal, issues, so things like "probable cause" really don't apply. Cause must be shown should it go to immigration court for formal deportation, but it's not up to the standard of criminal cause.

We may argue about whether it's "right" or the most effacious use of TSA time and personnel, but I don't think we can argue that it was illegal or unconstitutional or beyond the pale.

I was under the assumption by the articles I quoted the "raids" were not conducted on the trolley. According to this opinionated article the BP agents did board the trolley.

In any case does the law allow the TSA to question immigration status or to check IDs outside the airport?

Does the law allow the TSA to do administrative searches outside the airport?

magellan315 May 23, 2009 8:57 pm


Originally Posted by Trollkiller (Post 11795980)
In any case does the law allow the TSA to question immigration status or to check IDs outside the airport?

Does the law allow the TSA to do administrative searches outside the airport?

I don't know if its legal, but the TSA did role out VIPR Teams. The TSA can't even get the job done right at the airports, take all of the recent interpretations of the new shoe policy. While the VIPR Teams allow law enforcement to focus on less mundane aspects of security I have serious concerns about them understanding their role and not exceeding that role. Because the proicedures that the TSA operates under remain secret.

spotnik May 23, 2009 9:23 pm

I have to say, this whole sequence of events rings my w-t-f alarm.

First, from the 10 news article:

A Border Patrol spokesman denied the use of racial profiling. He said behavior detection officers helped identify suspected illegal immigrants on board the trolley.
I really hope we're missing some significant context with this segment. I understand how this sounds like potential racial/ethnic profiling. SPOT, and the work BDOs do is strictly behavior based. If, as suggested in the articles, the agents were simply looking at/talking to all the Latino looking people, that would be a serious break from everything I have learned about SPOT.

Second, from the TSA web site:

VIPR teams work with local security and law enforcement officials to supplement existing security resources, provide deterrent presence and detection capabilities, and introduce an element of unpredictability to disrupt potential terrorist planning activities.
I don't see where it says that VIPR teams are supposed to be put together for routine law enforcement activities. I don't have a problem with other agencies borrowing TSA personnel to provide assistance for other agencies' operations. If this was a TSA operation, though, I would expect a really good explanation of how illegal aliens were linked to a threat to transportation security.

Third, in the comments from the San Diego News editorial:

Robert2002 says:
We need more of these immigration sweeps on public transit sytems. Detection, incarceration and deportation are the only things these illegal aliens understand. Kudos to the BP and the TSA for a job well done. Keep up the good work and again I say we need much more of these sweeps by all law enforcement agencies.
I don't like the idea that the public might start thinking that TSA screeners have law enforcement powers or responsibilities. TSA does not give us weapons or training which is necessary to deal with this type of public perception. The law rather severely limits our authority. I think it would be a great harm to the TSO uniformed workforce if the public starts lumping us in with real law enforcement.


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