By Mitra Ebadolahi, Border Litigation Project Staff Attorney, ACLU of San Diego & Imperial Counties
JUNE 13, 2018 | 1:00 PM
On June 7, Tiana Smalls, whose Facebook profile describes her as owner of Fire Flower Beauty Company, was riding a Greyhound bus from Bakersfield, California to Las Vegas, Nevada. As the bus approached an agricultural checkpoint at the Nevada state line, Ms. Smalls said the driver made an unusual announcement: “We are being boarded by Border Patrol. Please be prepared to show your documentation upon request.”
Ms. Smalls immediately reacted. According to a description she posted on Facebook, she stood up and loudly said, “This is a violation of your Fourth Amendment rights. You don’t have to show them *shit*!!!” She then used Google Translate to repeat her message in Spanish, reassuring the Spanish-speaking woman sitting beside her and probably countless other fellow passengers.
Border Patrol agents boarded the bus and started to ask the passengers for their “documentation.” Ms. Smalls stood up again and shouted, “You have NO RIGHT to ask me for anything! This is harassment and racial profiling! We are not within 100 miles of a border so [these agents] have no legal right or jurisdiction here!”
Ms. Smalls’ simple and courageous act of resistance was enough. The Border Patrol agents, realizing that they would face an uphill battle, immediately retreated, telling the driver to continue on.
U.S. Customs and Border Protection officials claim sweeping authority to operate in the interior of the United States. Their basis for doing so is a federal statute that purports to allow CBP officers to undertake certain enforcement activities without a warrant “within a reasonable distance from any external boundary of the United States.” A federal regulation adopted in 1953 inexplicably defines a “reasonable distance” as up to 100 air miles from any external boundary of the United States — an area that sweeps up nearly two-thirds of the U.S. population (200 million people), nine of our 10 largest cities, and several entire states (including Florida, Maine, Massachusetts, and New Jersey). And still CBP cheats its way to more interior encroachment, for example, by claiming that the Great Lakes shared with Canada are “functional equivalents of the border” so that all of Michigan and Chicago are in its reach.