DOMESTIC
WINTER 2015
illegally: between 340,000 and one million each year. Likewise, CBP plays
an important role in preventing cartels
from smuggling drugs into the United
States. CBP seized more than 2.8 million pounds of illegal narcotics in 2013
alone. The problems mentioned here
arise because neither the public nor
authorities seem to understand which
rights apply and in what circumstances.
How, then, might President Obama
reform CBP in order to hold law enforcements agents accountable for the
actions at the border? Since CBP is part
of the executive branch, the President
can modify CBP’s practices through
executive orders. Assuming he works
within Constitutional boundaries, the
President has wide authority to act.
There are many possible approaches, but two stand out as the most nec-
essary. First, President Obama should
issue an order that addresses the border search exception by explicitly defining the rights of CBP officials and
the people they stop. Many altercations
at border checkpoints start with officers demanding to a search a vehicle,
drivers asserting their rights, and the
officers growing angry at the drivers’
stubbornness. In some cases, the law
justifies a secondary search; in others, it doesn’t. In any case, the legal
ambiguity leads to frustration for everyone involved, further stoking conflict. Both citizens and officers would
benefit from a clear set of guidelines.
Second, the President should create
a new office within the Department of
Justice that focuses specifically on misconduct at the border. The regular use
of excessive force and CBP’s failure to
bring officers to justice reveals that the
current system is inadequate. By contrast, an impartial judiciary office could
devote its full attention to ensuring that
CBP officials respect the rights of any
person they encounter. Most importantly, such an office could carry out investigations without a conflict of interest.
No matter what action the administration takes, it’s important for policymakers to remember what’s at stake.
At its core, immigration is about human beings who have chosen to leave
their home country precisely because
it has failed to protect their human
rights. If we believe in the United
States as a place where human rights
flourish, then we too must hold our
law enforcement officials accountable. In short, we must respect the
rights of all persons—American or not.
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