United States V. Brignoni-Ponce - Border Patrol's Argument

Border Patrol's Argument

The Border Patrol derived its power to stop the individuals from two separate laws. The first was Section 287 (a) (1) of the Immigration and Nationality Act, 8 U. S. C. § 1357 (a) (1), authorizes any officer or employee of the Immigration and Naturalization Service without a warrant, "to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States." The second was Section 287 (a) (3) of the Act, 8 U. S. C. § 1357 (a) (3), which authorizes agents, without a warrant, to search cars traveling near the border that are suspected to have or are transporting person trying to enter the country illegally. From this, they believe that their actions were lawful even if an act of Congress cannot supersede the Constitution.