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.
Read more about this topic: United States V. Brignoni-Ponce
Famous quotes containing the words border and/or argument:
“I have, indeed, even omitted facts, which, on account of their singularity, must in the eyes of some have appeared to border on the marvelous. But in the forests of South America such extraordinary realities are to be found, that there is assuredly no need to have recourse to fiction or the least exaggeration.”
—J.G. (John Gabriel)
“My argument is that War makes rattling good history; but Peace is poor reading.”
—Thomas Hardy (1840–1928)