I reread that old thread, and then skimmed the Penn State article (a bit quickly, I admit). I gotta say: I think you're overstating your case here. Certainly, the author of that article is skeptical about the 100-mile zone and makes plenty of good (and, IMO, obvious) points about why it is constitutionally suspect. But, to read your comments, you'd think that some important court somewhere has actually placed meaningful limits on immigration enforcement within that zone (outside the context of an actual border crossing). If so, I don't see where you're getting that. If that's actually in the article, could you tell us where?To be fair, though, I think it is also true that the ACLU is too eager to talk about the "Constitution-Free Zone" as though it is fact. I also agree that people should not simply accept that the Constitution-Free Zone exists. It is definitely not that simple and what would otherwise be 4th Amendment violations should absolutely still be challenged even if they occur within the zone. There is still every opportunity for more good law on this.
tptacek|3 months ago
https://www.aclu.org/know-your-rights/border-zone
Since the ACLU is largely the origin of this meme, I think that's pretty dispositive.
Importantly: I am (for the Nx1000th time) not saying that federal law enforcement officers won't make abusive claims, or directly abuse the law; they certainly will. As I said in the previous thread, they managed to detain Senator Patrick Leahy more than 100 miles from a border, which, when you think about the implications of the 100-mile-zone, is kind of a feat!
superkuh|3 months ago
>The federal government defines a “reasonable distance” as 100 air miles from any external boundary of the U.S. So, combining this federal regulation and the federal law regarding warrantless vehicle searches, CBP claims authority to board a bus or train without a warrant anywhere within this 100-mile zone. Nearly two-thirds of the U.S. population, over 213 million people, reside within the region that CBP considers falling within the 100-mile border zone, according to the 2020 census. Most of the 10 largest cities in the U.S., such as New York City, Los Angeles, and Chicago, fall in this region. Some states, like Florida, lie entirely within this border band so their entire populations are impacted.
Which, upon re-reading both of your comments in this thread makes me actually think there is no argument at all and everyone here and the ACLU agree: there is a no consitution zone, it has practical consequences, and it does extend out 100 miles from internal foreign borders.