U.S. Border Patrol goes Big Brother in Washington State
[I]n February, when federal agents started corralling everyone off domestic ferries into a fenced-off area in Anacortes and questioning them about their citizenship. It now happens once, maybe twice a week; no one has any way to know if they will be stopped.LinkWhen islanders talk about taking a ferry to the mainland, the joke around town these days is, "I'm going back to America," said David Jones, the mayor of Friday Harbor.
"There's a great surge of indignation underneath the surface here," he said.
So much so that local attorney Carolyn de Roos recently asked three Seattle lawyers to come speak at two meetings about residents' rights and legal options.
Their advice: Don't answer any questions.
Because island residents who board domestic ferries don't cross an international border, they "have a right not to reveal anything about their legal status," said Matt Adams, an attorney with the Seattle-based Northwest Immigrant Rights Project and a member of the ACLU.
"Once they're inside the country, Immigration doesn't have the right to detain someone without reasonable suspicion," Adams said. And ethnic background, skin color or language don't meet that threshold.
But if someone admits to being in the country illegally, Border Patrol can arrest the person.
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I am not a lawyer (and also Canadian) so I am not an authority on this subject, but my understanding is that legally the Border (or perhaps a "border zone") essentially exists within 100 miles of the actual physical Border between Canada and the U.S. and the U.S. and Mexico. Within that space, Border Patrol officers are allowed to stop and question you without a reason. For example, the U.S. border patrol has numerous checkpoints in Texas within 100 miles of the Mexican border. I have been frequently stopped while traveling in southern Texas, asked my nationality and to present my passport for inspection.
The first time this happened it struck me as odd because I had already been legally admitted to the U.S. so I checked with a lawyer in Texas. He explained to me that everyone is legally obligated to answer any legitimate question the border patrol asks about citizenship within 100 miles of the border and you can be arrested if you refuse.
Beyond questions about your citizenship, you can absolutely refuse to answer and of course they cannot search you or your vehicle without consent or probable cause (presumably "thinking you might be a terrorist" is not yet considered probable cause).
I can understand the frustration of residents in Washington state, but in Texas I have personally witnessed the border patrol catching illegal immigrants and in one case intercepting drugs (smuggled on an intercity bus) so this does appear to be a legal, legitimate and effective law enforcement practice, albeit a very annoying and inconvenient one.
Interesting. I live nearby and have had the Border Patrol run a dog past my car (all the cars waiting to board the ferry) and not ask any questions about citizenship or anything else. It sure looks like they are just trying to get some BC Bud intercepted en route to Seattle.
#1, do you suppose that puts anyplace within 100 miles of any coast (from international waters!) into the jurisdiction of ICE? Because most of America lives there, and it wouldn't surprise me at this point.
Ausweiss bitte!!!
Reminiscent of the days of the (old) Conch Republic!
http://en.wikipedia.org/wiki/Conch_republic
This completely sucks. I grew up on an island about 20 minutes from Anacortes, the town with the "mainland" ferry terminal where these detentions are being conducted (since Anacortes is also on an island, it's not quite the mainland, but is connected to the mainland by bridges). I feel sickened that the region I consider my childhood home - where several of my relatives still live - now sports intrusive checkpoints to detain citizens lawfully going about their innocent daily business. The police state creeps ever closer...
I had been planning a trip to the San Juans this weekend for sightseeing and recreation. Now that I know I might be subjected to this sort of detention, I probably will not go. Sorry San Juan businesses: the fed just scared away a family of domestic tourists who had been ready to spend money in your towns.
There is a similar border checkpoint set up on I-91 in Vermont; it falls under the 100-mile rule. It is a huge inconvenience for locals. Border Patrol catches more drug running than anything else.
I'm not bothered one whit by people being corralled, interrogated, or otherwise inconvenienced.
..but then I'VE GOT NOTHING TO HIDE!
Good advice in general. Anytime you're stopped by the man, just don't. say. anything. Tell them to talk to your lawyer and then that's it. Silencio.
Xuyu, I think what you mean to say is "...but then I'M NOT IN A HURRY!" or "...but then I HAVE AN INDWELLING CATHETER!" or maybe "...but then I LIVE IN MY CAR!"
My rights and privacy aside (but not behind)...
I live on San Juan Island and run a graphic design studio. Though my income and the success of my business is not directly (emphasis) effected by the tourist dollar (though some of my local clients are), this has the opportunity to severely impair our local economy.
I served four years on the board of the San Juan Islands Visitors Bureau and my partner was President of the San Juan Island Chamber of Commerce in 2007 (and still sits on the board) and we've seen what a small change in the ferry schedule, a rise in the ferry fare or a bad experience of having to wait 4-6 hours (or more) in line just to get on a boat to the islands can do.
While I don't think this will stop my Mom for her yearly planned visit from Colorado (or anyone else planning a trip from out of state), it will have an impact on whether a family from Seattle or a couple from Portland (according to a survey taken last fall by the county's lodging industry, 42% of our visitors came from Washington, 12% from Oregon, 12% from California and 3% from Colorado) will decide to go somewhere else for their last minute three day weekend (that's the average length - worth the hassle? probably not).
So we stand to lose more than 50% of our potential visitors (and more importantly, their money/our island jobs). That's a pretty big hit for our specialized island economy (not to mention the loss for Anacortes - the gateway to the San Juans). We'd be back to the 1960's & 70's, when much of the traditional economy of farming, fishing and seafaring had dwindled to almost nothing (ah, those were the days). From the San Juan County Economic Development Council's 2007 Economic Almanac (http://www.islandway.org/almanac.htm)... "Tourism also drives other economic elements: real estate sales and investment, home construction, and retail sales and services for outdoor activity in the county’s natural environment (eco-tourism before it was popularly named as such)."
Not to mention the fact that we islanders like to think of our selves private people (that's why we live on a remote island) who are not happy about having to attest to their citizenship on their way to the Costo on the mainland (San Juan County's adjusted gross income is higher than the state average but most importantly, the actual wages & salaries portion has been taking a dive from about 75% of the state average in 2000 to just barely above 50% these days - so the average wage on the island is just above half of the state average) because island gas has topped $4.00/gallon and the most basic necessities have to be brought in by boat (add more $$$ to even a loaf of bread).
As one of the very few (anyone?) BoingBoing readers on the island, thanks for giving this issue attention.
I always thought there was a thriving industry running guns by kayak in to the Canadian Gulf Islands.