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This 100 mile zone was created in regulation. The law (8 USC 1357) says only that CBP can make warrant-free stops/searches "within a reasonable distance from any external border of the United States."
The regs (8 CFR 287.1) in turn define "reasonable" as 100 air miles (1/) https://twitter.com/donmoyn/status/1286362349474123777
The regs (8 CFR 287.1) in turn define "reasonable" as 100 air miles (1/) https://twitter.com/donmoyn/status/1286362349474123777
In fact in 200, the regs were amended to "provide that" ICE or CBP can make that number higher, if they feel like it and write a report about why they feel like it. To wit: (2/)
In 1976 a circuit court decided that border patrol highway checkpoint stops in San Clemente, CA (66 mi from Mexico), were not constitutional, in part because that location had no "essential nexus with the border."
https://casetext.com/case/united-states-v-martinez-fuerte
But... (3/)
https://casetext.com/case/united-states-v-martinez-fuerte
But... (3/)
SCOTUS deferred to the agency on the distance and upheld the broader discretion used in such stops. J. Powell held that "While the need to make routine checkpoint stops is great, the consequent intrusion on 4th Am. interests is quite limited…" (4/) https://caselaw.findlaw.com/us-supreme-court/428/543.html
The dissenters (Brennan, Marshall) suggested the majority ask Mexican-American motorists about that. In any case, SCOTUS deference to the "current regulations" continues as the non-guidance as to where DHS can "reasonably" operate. (5/5)
