Border Patrol refuses to release information on unconstitutional checkpoints, roving patrols
Two law professors are suing the Department of Homeland Security after U.S. Customs and Border Protection ignored repeated Freedom of Information Act Requests to provide documentation on unconstitutional Border Patrol checkpoints.
Derek and Jane Bambauer, who are professors at James E. Rogers College of Law, are being represented by the ACLU after the U.S. Customs and Border Protection refused to turn over information relating to its increasingly notorious checkpoints and “roving patrols” that have ensnared innocent Americans as much as 100 miles inland from the border.
The two professors are attempting to confirm the charge that the Border Patrol is routinely violating the law by instead following its own internal rules, leading to Fourth Amendment-busting drugs searches performed on the flimsiest of pretexts.
After Border Patrol failed to respond to the initial FOIA request after 20 days, an appeal was filed but the federal agency again completely ignored the matter, forcing the professors to file a lawsuit.
“We feel that their decision to not respond is just an example of their noncompliance,” Jane Bambauer told the Daily Wildcat, while Derek Bambauer noted that the Border Patrol is a federal agency that has, “both been increasing in power and decreasing in transparency.”
Last year we reported on numerous examples of American citizens who had been sexually molested by Border Patrol agents, including a woman who had her vagina and anus violated without consent and without a warrant.
We also covered the harrowing case of David Eckert, an innocent New Mexico man who was forced to endure 14 hours of enforced anal probing at the hands of doctors, on the orders of cops looking for narcotics, and was then billed by the medical center. Eckert was singled out after police claimed he “appeared to be clenching his buttocks” while stepping out of his vehicle at a traffic stop.
Eckert was subjected to manual probing of his anus, an enema, x-rays, as well as a colonoscopy – all against his will – by doctors on orders of New Mexico police. No drugs were found.
Two days later, a similar story emerged involving a man named Timothy Young, who was pulled over by New Mexico police in October for not using his blinker. Young was singled out by a drug sniffing dog and subsequently subjected to anal exams and x-rays of his stomach, without giving his consent.
Last month, another story emerged about a mother and her two young children who were terrorized by Border Patrol agents who threatened to taser her if she did not consent to a search of her vehicle before slashing her tires.
The Department of Homeland Security now considers any area within a 100 mile radius of the entire US border to be what the ACLU has described as a “constitution free zone,” where Fourth amendment legal protection from unconstitutional searches and seizures does not apply.
The targeting of Americans by Border Patrol agents is even more disturbing in light of a recent report by the Center for Immigration Studies, which found that the Obama administration, “Has allowed tens-of-thousands of violent illegal aliens to go free inside the United States and without deportation,” with 68,000 released in 2013.