[conspire] OT: Here in the 100-mile border zone

[Rick Moen]

This is a technical mailing list primarily concerned with Linux and the
CABAL LUG, but the real world spills over in interesting ways.  One is
that CABAL's meeting location, Chez Moen, is inside what the Department of
Justice declared in 1953 to be in the 'border zone' -- within 100
nautical miles of an 'external boundary' of the United States.
Actually, it's also within a 25-statute mile 'border zone', too.

o  DoJ and other Federal Executive departments assert that railway cars,
   aircraft, and other vehicles may be searched by Federal officers
   _without warrant_ on suspicion that someone there is guilty of an
   immigration violation.  100 nautical miles[1] is DoJ's unilateral
   interpretation of the phrase 'reasonable distance' in a 1946
   Congressional Cold War freak-out amendment to the Immigration and
   Nationality Act.  DoJ's 100-mile decree has struck many as arbitrary
   overreaching, but it hasn't yet been challenged in court.

   Note:  About 2/3 of the US population live within this alleged
   'border zone'.  

o  That same 1946 law also declared that within 25 statute miles of any 
   'external boundary', Federal officers may search without warrant
   also any private lands (except dwellings) for immigration violators.


So, here I sit, in my residence lying within both 'border zones',
pondering the substantive legal rights of my household, and of CABAL
members here and elsewhere -- especially given asserted plans for huge
nationwide ICE raids this weekend.

As it turns out, ACLU has a good tutorial, and, irrespective of your
citizenship or legal status, now would be an excellent time to review
this subject:  https://www.aclu.org/know-your-rights/immigrants-rights/


Even before this immigration witchhunt, my household has held
family discussions about what to do (and not to do) if police ever 
arrive and start being pushy.  Some highlights:

o  Politely decline to answer all questions, e.g.:
   'I'll not be answering any questions.'
   'Why not?'
   'I'll not be answering any questions.'

    Police tend to be very pushy on that point, and claim that you 
    are obliged to answer their questions.  You are not -- and the
    best course of action is to politely decline and stick with that,
    period.  When they claim you are required to answer, you may
    wish to say something like 'Well, Officer, I politely disagree, so
    I guess we'll just have to bring that question in front of a judge
    with the help of my lawyer.'  And continue to politely decline all
    questions after that, no matter what they say, and make no comments.

o   If asked, don't consent to any searches for any reason.  If they ask
    'Why not?', just answer 'I'll not be answering any questions.'
    Otherwise, remain silent, except to ask if you're free to go.  
    If the answer to that question is ever 'yes', then walk away and
    don't engage further.

o   In particular, you have absolutely no obligation to answer questions
    about your immigration status[2].  When they ask, you are on 
    completely solid ground saying just 'I'll not be answering any
    questions' and nothing more.  It's your right.  When they claim 
    it's not, they're simply wrong.

o   If after some time (~1 hour), the answer still is something other 
    than 'yes', then the police are probably in the process of arresting you
    but not yet informing you of this fact.  State that you wish to remain
    silent and ask for a lawyer, then make no comments, and just wait.
    (Yes, you're correct if you perceive that it's absurd that you
    should non-silently assert that you wish to remain silent, but there's
    a recent and peculiar US Supreme Court decision, Berghuis v. Thompkins 
    in 2010, that makes this a recommended thing to do.
    https://en.wikipedia.org/wiki/Berghuis_v._Thompkins

o   Don't sign anything.  If they claim you 'must sign', then say you'll
    be asking your lawyer about that, and politely decline in the meantime.

o   Don't open the door.  If a peace officer believes he/she has a 
    right to enter, he/she will enter, but you have no obligation to 
    help and it's never in your interest to do so.

    Exception:  The police may say they 'have a warrant', but this 
    is a tricky situation.  Some warrants, if signed by a judge and 
    giving police authority to enter your specific property on that specific 
    day, are valid to let the police in and you should open the door
    (if only to save a broken door frame).  Other warrants are 
    something else entirely (e.g., arrest warrant), so what you should do
    is ask the officer to please slide the warrant under the door or 
    hold it up to a (closed) window so you can read it.  Is it a warrant 
    to enter your address?  And is it valid today?  Signed by a judge?  
    If not all three of those things, slide it back and explain to the
    officer why you'll not be opening the door, and state 'I do not consent
    to you entering.'

o   Do not physically resist or obstruct the officers -- of course.
    If they break the law, we'll be taking their lunches in court, 
    later.  If you enter, say 'I don't consent to your entering'.  
    If they search, say 'I don't consent to your search' -- but in 
    no way physically interfere.

o   In California, you are not obliged to show ID or give your name
    or any other personal information to the police.  (Obviously,
    if stopped while you are driving a car, things are different.)  
    Some other states, such as Nevada, are 'stop and identify' states
    where, if stopped by the police and asked your name, you are 
    legally obliged to give a correct answer.
    https://en.wikipedia.org/wiki/Stop_and_identify_statutes
    (A subset of those states also permit the police to require a 
    stopped person to show photo ID, but California is not one.)


Basically, be very nice, don't physically resist, say nothing, sign
nothing, keep the door close, and wait.

The ACLU pages have a lot more specifics.

Rights don't defend themselves.



[1] The Code of Federal Regulations regulatory-law entry uses the term
'air miles', which is the same as nautical miles except on land, so 
'100 air miles' equates to 115.08 statute (regular) miles or 185.2
kilometres.  In California, the Feds consider this alleged zone to 
include a bulge eastwards from the Sacramento-San Joaquin Delta all
the way inland to Lake Tahoe, presumably deeming that Sacramento 
and Stockton being ocean ports makes them part of the USA's 'external
boundary'.

[2] There are exceptions such as visiting foreigners, persons on
probation, or questions while crossing the border.  See the ACLU pages
for details.