There it is, I knew it was somewhere.

According the link this action may have been authorized by DHS/TSA headquarters.

Absolutely ridiculous. I don't care what the CFR says - I will never, ever recognize the authority of the TSA or its employees outside the sterile area of a public airport terminal. Period.

If they don't like it, they can call over a real cop...assuming I'm still around by the time they show up.

100% agree.

You might not want to, but I am sure TSA HQ would LOVE to be thought of in an authoritarian manner, as you describe, for numerous reasons.

In that link I see the TSA authorization for airport screenings (administrative search) but I do not see the same authorization for administrative searches (screenings) in other modes of transportation.

Ok. First, I believe this thread is about BDO's working with LE agencies to conduct sweeps of "other" transportation modes. There was no screening (physical search) of people or property, correct? Now title 49 states in part:

What is the definition of "Security Responsibilities"? Wouldn't screening of people and property be a security responsibility?

TSA has a Law Enforcement branch, it's called the Federal Air Marshal Service. FAM's have jurisdiction in and out of airports. Make sure you know who your not recognizing before you walk away. ;)

The thread is about the TSA LEADING an operation to find illegals, not "helping" another agency.

With administrative searches the bounds of those searches must be defined. The administrative searches (including ID verification) for airports is defined by statute.

Does the TSA have the same authority over other modes, if so where is the administrative search defined?

Since we're on the subject of VIPR teams. TK, I'm not sure what your looking for, but this should cover it. VIPR Teams are made up of Federal, State, Local LEO's, BDO's, TSO's, TSI's, and LMNOP's (Just kidding on that one :)) I have participated in these operations and I have not observed anyone getting screened (doesn't mean it hasn't happened elsewhere). Mostly we work with the BDO's and TSI's.


Text of H.R. 1 [110th]: Implementing Recommendations of the 9/11 Commission Act of 2007

SEC. 1303. AUTHORIZATION OF VISIBLE INTERMODAL PREVENTION AND RESPONSE TEAMS.

(a) In General- The Secretary, acting through the Administrator of the Transportation Security Administration, may develop Visible Intermodal Prevention and Response (referred to in this section as `VIPR') teams to augment the security of any mode of transportation at any location within the United States. In forming a VIPR team, the Secretary--

(1) may use any asset of the Department, including Federal air marshals, surface transportation security inspectors, canine detection teams, and advanced screening technology;

(2) may determine when a VIPR team shall be deployed, as well as the duration of the deployment;

(3) shall, prior to and during the deployment, consult with local security and law enforcement officials in the jurisdiction where the VIPR team is or will be deployed, to develop and agree upon the appropriate operational protocols and provide relevant information about the mission of the VIPR team, as appropriate; and

(4) shall, prior to and during the deployment, consult with all transportation entities directly affected by the deployment of a VIPR team, as appropriate, including railroad carriers, air carriers, airport owners, over-the-road bus operators and terminal owners and operators, motor carriers, public transportation agencies, owners or operators of highways, port operators and facility owners, vessel owners and operators and pipeline operators.

A FAM has a badge - either he/she shows it to me upon my request, or I'm walking. I also reserve the right to call my friend at the Bureau of Prisons to check his computer and verify that FAM's identity before I have any discussion outside an airport.

Also, a FAM's jurisdiction is generally limited to public transportation, so the chances of me answering questions or submitting to a search outside of a public transportation venue is right around nil unless that FAM witnesses me committing or preparing to commit felony.

I won't even let me local or county police search me or my car without a warrant - why would I allow a FAM to do so? Not gonna happen.

Bolding is mine, where below does it specify public transportation? Again, I am quoting Title 49 USC 114.

(q) Law Enforcement Powers.—
(1) In general.— The Under Secretary may designate an employee of the Transportation Security Administration or other Federal agency to serve as a law enforcement officer.
(2) Powers.— While engaged in official duties of the Administration as required to fulfill the responsibilities under this section, a law enforcement officer designated under paragraph (1) may—
(A) carry a firearm;
(B) make an arrest without a warrant for any offense against the United States committed in the presence of the officer, or for any felony cognizable under the laws of the United States if the officer has probable cause to believe that the person to be arrested has committed or is committing the felony; and
(C) seek and execute warrants for arrest or seizure of evidence issued under the authority of the United States upon probable cause that a violation has been committed.

This did not sound like a VIPR operation according to the articles, it sounded like the TSA running an immigration operation.

Now correct me if I am wrong, as a passenger I can refuse a search by the VIPR team just as I can with any other law enforcement lacking probable cause.

I put it in red for you.

I'm referring to the authority that I, as a citizen, am willing to acknowledge. If you think you can come up to me in a mall parking lot and demand my identification and start to question me, prepare to be ignored.

I've already had this discussion with my friend at the BoP - he agrees his authority to act is limited in scope to witnessing a felony being committed or about to be committed, and even then he is not going to act on his own unless someone's life or safety is in danger.

Same goes for any TSA person outside of the sterile area of the public terminal of a commercial service airport....no matter what the CFR says, I will not acknowledge or respect their authority outside of the specific location I listed above, regardless of the CFR.