{"id":8327,"date":"2017-02-28T17:23:34","date_gmt":"2017-02-28T23:23:34","guid":{"rendered":"http:\/\/huewhite.com\/umb\/?p=8327"},"modified":"2017-02-28T17:23:34","modified_gmt":"2017-02-28T23:23:34","slug":"acting-like-you-love-your-free-society","status":"publish","type":"post","link":"https:\/\/huewhite.com\/umb\/2017\/02\/28\/acting-like-you-love-your-free-society\/","title":{"rendered":"Acting Like You Love Your Free Society"},"content":{"rendered":"

I am most happy to see this comment <\/a>from Garrett Epps, a Constitutional law professor at the University of Baltimore, in The Atlantic <\/b><\/i>concerning the recent checking of papers of passengers deplaning from a domestic flight <\/a>by ICE and Customs and Border Protection agents, as I’ve been quietly grinding my teeth ever since I heard about it:<\/p>\n

After days of research, I can find no legal authority for ICE or CBP to require<\/em> passengers to show identification \u00a0on an entirely domestic fight. The ICE authorizing statute, 8 U.S.C. \u00a7 1357<\/a>, provides that agents can conduct warrantless searches of \u201cany person seeking admission to the United States\u201d\u2014if, that is, the officer has \u201creasonable cause to suspect\u201d that the individual searched may be deportable. CBP\u2019s statute, 19 U.S.C. \u00a7 1467<\/a>, grants search authority \u201cwhenever a vessel from a foreign port or place or from a port or place in any Territory or possession of the United States arrives at a port or place in the United States.\u201d CBP regulations, set out at 19 C.F.R. \u00a7 162.6<\/a>, allow agents to search \u201cpersons, baggage, and merchandise arriving in the Customs territory of the United States from places outside thereof.\u201d<\/p>\n

I asked two experts whether I had missed some general exception to the Fourth Amendment for passengers on a domestic flight. After all, passengers on flights entering the U.S. from other countries can expect to be asked for ID, and even searched. Barry Friedman, the Jacob D. Fuchsberg professor of law and affiliated professor of politics at New York University, is the author of Unwarranted: Policing Without Permission<\/a>, <\/em>a new book-length study of intrusive police investigation and search practices. \u201cIs this remotely constitutional?\u201d he asked. \u201cI think it isn\u2019t. We all know generally the government can\u2019t come up and demand to see identification.\u201d Officers need to have statutory authority to search and reasonable suspicion that the person to be searched has violated the law, he said. Andre Segura, senior staff attorney at the American Civil Liberties Union\u2019s Immigrants\u2019 Rights Project, told me that \u201cI\u2019m not aware of any aviation exception\u201d for domestic passengers.<\/p><\/blockquote>\n

Definitely an authoritarian’s way. After some talk about consensual conduct, he moves on to his own conclusions:<\/p>\n

I am vowing here and now not to show papers in this situation. I know that it will take gumption to follow through if the situation arises. What will be the reaction of ordinary travelers, some with outstanding warrants or other legal worries? Should we expect heroism of people who just want to get off an airplane?<\/p>\n

Justice William O. Douglas once wrote that a regime of liberty includes \u201cfreedom from bodily restraint or compulsion, freedom to walk, stroll, or loaf.\u201d<\/p>\n

A shadow is falling over that freedom, both for aliens and for citizens. Its loss will be devastating.<\/p><\/blockquote>\n

The shadow will exist only so long as citizens let it. Remembering that law enforcement personnel are also citizens, not an enemy, but may need to be gently reminded to remain within Constitutional limits despite hectoring from political appointees. Calmly insisting what is wrong is wrong is the best path.<\/p>\n","protected":false},"excerpt":{"rendered":"

I am most happy to see this comment from Garrett Epps, a Constitutional law professor at the University of Baltimore, in The Atlantic concerning the recent checking of papers of passengers deplaning from a domestic flight by ICE and Customs and Border Protection agents, as I’ve been quietly grinding my \u2026 Continue reading → <\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-8327","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/posts\/8327","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/comments?post=8327"}],"version-history":[{"count":1,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/posts\/8327\/revisions"}],"predecessor-version":[{"id":8328,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/posts\/8327\/revisions\/8328"}],"wp:attachment":[{"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/media?parent=8327"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/categories?post=8327"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/huewhite.com\/umb\/wp-json\/wp\/v2\/tags?post=8327"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}