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Stopped at a checkpoint in the Constitution-free zone

Border patrol
A common sight near the U.S.-Mexico border

Last week, my family drove back to Arizona from a conference in San Diego. We took Interstate 8, a major highway that runs within a couple of miles of the border in California, but diverges from the boundary with Mexico in Arizona. Somewhere east of Yuma, we were stopped at a roadblock.

Traffic crawled through a gauntlet of official vehicles in green-and-white livery before coming to a complete halt. A Border Patrol agent came to the window and stared hard at all of us -- my wife, my three-year-old son and yours truly. I bit my tongue while my kid did his best to look sinister. My wife just responded with a curt "yes" when the agent asked if we are all citizens.

Then we continued on.

This wasn't the first time we've been brought to a stop in the middle of the desert by uniformed men. Border Patrol checkpoints are an all-too-common occurrence in this part of the world. In fact, if you haven't hit one yet, you should probably get prepared. While these checks are supposedly particular to the border, the government interprets "border" loosely, to cover areas up to 100 miles from the international boundary. As the ACLU points out, that includes nine of the nation's 10 major urban areas, and almost two-thirds of the population.

Constitution-free-zone

The last time my family hit one of these checkpoints was in California, also on I-8. The agents set up temporary stations in the middle of nowhere, far from turn-arounds and exits, stop and quiz everybody who passes. If you don't raise their suspicions or tick them off, you go on your way. If you're less lucky ... well ... there's not a lot of shade out there while they interrogate you and toss your vehicle.

We've never been asked for proof of citizenship, and I'm not sure what we would do if we were. Like most folks, we don't travel with our birth certificates and passports. In fact, my wife has never had a passport. Basically, we're skating on our accent-free English and non-Hispanic, non-Middle Eastern appearances.

That's not a lot to hang your hat on. The ACLU cites the case of  "Vince Peppard, a San Diego retiree who with his wife was stopped by the authorities on a road east of San Diego, at least 15 miles from the U.S. border. Peppard and his wife proved they were U.S. citizens but still found themselves subject to demands that they allow a search, interrogated, threatened and harassed."

In Washington state, farmers complain that inland citizenship checks on Olympic Peninsula are scaring their workers away. "We're very unhappy with the feds," said Dan Fazio, director of employer services for the Washington Farm Bureau. "We believe these roadblocks violate the constitution, be it the federal or the state's."

Yeah, that's sort of near the border with Canada.

Border Patrol agents' sometimes abusive attitude toward their captive audience has been a matter of controversy. Rep. Norm Dicks of Washington complains, "Gruffness: that has turned people off. They need to try to treat people nicely, not try to terrify people."

But rudeness is the least of it. People taken into custody by Border Patrol have compained of mistreatment including: the denial of food, water and medical treatment; physical and verbal abuse; separation of families; and the failure to return belongings.

And it's always encouraging to be stuck in a line crawling its way toward a checkpoint, knowing that confrontations between Border Patrol and motorists sometimes turn violent, as one did earlier this month near San Diego. Who doesn't want to be there when the bullets start flying?

Well, me for one. But there's nothing I can do about getting stopped if I want to travel around Arizona and southern California.

But I can make sure that we have proof of citizenship; we're all getting passports, and I guess we'll have to keep them in the car with us.

That's the United States in 2008: carrying passports with you so you can travel within the borders of your own country with a little hope of escaping abuse at the hands of the authorities.

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Contact J.D.: civilliberties (at) tuccille.com

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Comments

  • curtis 3 years ago
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    That's the way it's going to be in America...and the Mexicans , Latins and Home folks better get used to it.....as long as our government allows them across our borders and kisses Mexicos A---, we'll have this and more to come....
    LOCK N LOAD

  • tired dog 3 years ago
    Report Abuse

    LockNLoad, this is not my America and I reject it. The candles of liberty are being snuffed out and we are doing the snuffing. Absolutely not acceptable.

  • Rodney Scott 3 years ago
    Report Abuse

    While I respect the point that you are trying to make with your article, I found it shallow and riddled with errors and unsubstantiated allegations. Is that really the standard that you set for yourself? Will that be the standard that you ask your kids to live up to?

    Do you really think it is okay to make slanderous unsubstantiated statements? Your closing statement was unbelievable! “That's the United States in 2008: carrying passports with you so you can travel within the borders of your own country with a little hope of escaping abuse at the hands of the authorities”. In your extensive traveling throughout Arizona and California have you ever been personally abused by Border Patrol Agents? Have you ever witnessed these agents abuse anyone? That’s what I thought!

    You clearly state in your article that you have never been asked for proof of citizenship, but now you claim to need a passport so you can travel freely. Amazing! Have you ever considered the potential impact you, or any “journalist” could make by actually studying an issue and providing your readers the truth instead of just writing inflammatory baseless complaints? The truth doesn’t always produce the readers but it is still the truth!

  • TeId G 3 years ago
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    I disagree with your statements and logic, but defend your rights to express them. For an alternative perspective of the border issue please read this article.
    http://www.victoriaadvocate.com/opinion/guestcolumns/story/344047.html
    Those who live near the Mexican border have a different attitude about the men and women charged with protecting it. Having liberties has it's cost. Travel delays due to immigration checkpoints is a small cost,in my opinion.

  • Goldberg 3 years ago
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    Isn't it funny how writers choose to write about how the Federal Government is inconveniencing them. However, these same writers also choose to NOT write about the murderers, rapist, child molesters, and other felons that the U.S. Border Patrol is trying to keep out of the United States. I'm sure those criminals were only trying to come to the U.S. for a better life also, right?

  • fsilber 3 years ago
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    Well, how _are_ we to enforce the immigration laws? If the government had enforced them after the last amnesty, we wouldn't be in this pickle.

    Besides, if it's OK that I have to have a permit with me to exercise my right to wear a gun, I don't see why carrying a permit is too much for everyone else.

  • Snowflake 3 years ago
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    As a long term resident of a border state, I am quite familiar with these Border Patrol checkpoints. I have passed through them in Arizona, New Mexico, Texas and California, including the one on Interstate 8 mentioned in this article.

    I have never been treated with anything less than respect. The only questions asked were "Are you a U.S. Citizen", "Where were you born", or "Where are you coming from". These checkpoints are a reasonable way to enforce our otherwise porous borders.

  • DrVenkman 3 years ago
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    Ohhh the horror! First of all, driving is a privilege, not a right. Asking someone to produce a driver's license and registration may be done at any time, but especially in high crime areas. Second, the price of the inconvenience is small, compared to the benefit that accrues with fewer illegals, better security, and so on.[But the Congress and Bush administration bear much of the blame for making these stops necessary].

  • hb 3 years ago
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    DrVenkman... "Asking someone to produce a driver's license and registration may be done at any time,..." and the non drivers? Have you ever been on a schedule and stopped by the BP four times in one day? Ever had your car all but dismantled because it was 'too clean'? Let me school you on something that obviously passed you by while acquiring your education, it comes for that silly document called THE CONSTITUTION! More specifically the 4th Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    In addition,... this was NOT at a border crossing, nor were my 4 times in one day.

  • hb 3 years ago
    Report Abuse

    fsilber: In so far that BPA`s were always polite and professional, I will agree. However I would not consider a K-9 digging at my trunk carpet respectful.
    <br>
    fsilber: "Well, how _are_ we to enforce the immigration laws? If the government had enforced them after the last amnesty, we wouldn't be in this pickle."
    So since the public at large has to endure the illegals, those of us living near the border need to endure YOUR frustration via the BP? <bp>
    "Besides, if it's OK that I have to have a permit with me to exercise my right to wear a gun, I don't see why carrying a permit is too much for everyone else."... because we are not carrying a gun, we are driving a car. <br><br> FYI: A driver's license is not proof of citizenship or legal entry to the US!
    <br><br>
    Goldberg: "....the murderers, rapist, child molesters, and other felons..." by this logic random stops should be conducted in Oklahoma City as well?
    <br><br>My personal experience come while visiting my mom in AZ..We ARE quite familiar, thank you very much! I was in HER car! <br><br>
    Rodney Scott: It would depend on what one considers 'abuse' which is highly subjective. I had never been asked for ANY form of ID except for the one time the car was searched. I was not asked for by the BP agent but by a sheriff's deputy.. guess that makes it somehow better?
    <br><br>
    In general: I am appalled by U.S. immigrations policy. Personally I do not fault those who come, illegally or otherwise. They all want what we all want,.. a better life for themselves (and their families). However, and it is a big caveat, those who do come illegally once caught, should be shown the door. The true problems lies in greed. Not theirs, but ours. They come to get jobs. Here I am talking more about the illegals. As long as 'we' keep giving them jobs illegally, with little or no fear of prosecution the problem will exist. Ever hear of an American jumping the border to Mexico for illegal employment? The fence? what a colossal waste of money. A deterrent? Sure, I'll give it that. But the problem still truly exists not at the border, but on this side of it! Think about it.

  • Big D 2 years ago
    Report Abuse

    Hmm... "DrVenkman" thinks that driving is a privilege and not a right. He doesn't provide any substantiation for that assertion... but let's assume that he's correct. Then he says taht "Asking someone to produce a driver's license and registration may be done at any time..." You know... I'm pretty sure he's wrong about that. In fact... I'm positive. My second year in law school taught me that.

    But what makes his opinions really interesting is that first he defends stopping people and demanding that they identify themselves, but then he blames Bush for these stops taking place.

    Funny.

    It's ok to have your own opinions about things. It's not ok to make up your own facts.

  • Tony 2 years ago
    Report Abuse

    You know whats funny, everyone here saying this is no problem, then coming back a few months and reading the comments when the government has gone beyond the pale and abused or rolled in even more draconian measures. What's it feel like to defend a government that is obviously constructing a prison around you?

    The vets not being allowed to buy handguns? I guess we'll blame that on the Mexican rapists too right? Get real people. Denial isn't going to make the boot stomp on your face lighter.

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