Illegal is Illegal

Raoul Lowery Contreras
November 26, 2004

When armed Border Patrol agents swept the streets of Escondido and Riverside, California, arresting "illegal aliens" many around the country cheered them on and, in fact, demanded more such action.

A sizable swath of citizens demand that Border Patrol agents continue sweep activities because they think they are effective in cleansing illegal aliens from everywhere in the country.

Shades of former mentally-challenged Presidential candidate Ross Perot who called for warrant-less house to house searches for drugs and weapons of black and Hispanic homes by armed National Guardsmen.

Homeland Security Undersecretary Asa Hutchinson, a former Republican congressman from Arkansas was booed and screamed at by Border Patrol supporters at a large meeting organized by Republican Congressman Darrell Issa of Vista, California when he explained why he stopped the sweeps. Why, because the local "special squad" had not cleared its actions with Washington headquarters.

There is a more compelling reason, however. The "sweeps" were and are illegal. Why are sweeps illegal? Because the United States Supreme Court says so.

In both Southern California cities "specially trained" Border Patrol agents aggressively questioned Mexican looking people as they exited public buses, or were walking on sidewalks towards or away from commercial areas or work areas. They arrested 450 suspected illegals.

Spokespeople for the Border Patrol stated they didn’t really conduct "sweeps" but rather, they had "intelligence" (intel) on specific individuals. That seems highly unlikely. In other words, and for the people of Rio Linda (a Rush Limbaugh-ism), any Border Patrol agent who says that is lying.

Specific "intel" is required for any Border Patrol or immigration agent to ask anyone’s citizenship away from the border except at airports and check points like those in Camp Pendleton on I-5 or in Temecula, I-15, both highways that lead north from the border to the rest of Southern California.

The Supreme Court in United States v. Brignoni-Ponce, 1975, spoke to this very point.

"The Fourth Amendment held not to allow a roving patrol of the Border Patrol to…question (persons) about their citizenship and immigration status, WHEN THE ONLY GROUND FOR SUSPICION IS THAT THE (people) APPEAR TO BE OF MEXICAN ANCESTRY…"

"…patrolling officers may stop (people) only if they are aware of specific articulable facts, together with rational inferences therefrom, reasonably warranting suspicion that the (persons may be) aliens who may be illegally in the country." (Emphasis added)

Further, the Court ruled: 3. " To allow roving patrols the broad and unlimited discretion…to stop all (people) in the border area without any reason to suspect that they have violated any law, would not be "reasonable" under the Fourth Amendment."

And, it ruled that, 4. " Assuming that Congress has the power to admit aliens on condition that they submit to reasonable questioning about their right to be in the country, SUCH POWER CANNOT DIMINISH THE FOURTH AMENDMENT RIGHTS OF THOSE WHO MAY BE MISTAKEN FOR ALIENS."

5. "THE FOURTH AMENDMENT THEREFORE FORBIDS STOPPING PERSONS FOR QUESTIONING ABOUT THEIR CITIZENSHIP ON LESS THAN A REASONABLE SUSPICION THAT THEY MAY BE ALIENS (Emphasis added)."

Sweeps conducted by Border Patrol agents willy-nilly simply aren’t legal without "specific articulable facts" and/or "reasonable" suspicion. "Sweeps" are illegal, despite the many people in the country who drool at the concept and demand them. Additionally, there are serious economic consequences to such illegality.

Here is just one small example of a serious economic impact of loose cannon-like Border Patrol and immigration agents. Bob Vice, a Fallbrook, California avocado grower says that, "our work force could disappear overnight," if the Border Patrol ever cracks down on San Diego County’s agricultural work force.

For those who think San Diego is nothing but the world famous Zoo and Sea World, surprise! San Diego is a major agricultural producer. $1.3 billion worth of San Diego crops could be affected by a crackdown on illegal alien farm workers. That’s 1/73rd of all farm crops in the United States.

Just imagine if Border Patrol and immigration agents were backed up and/or led by local cops and deputies and they were allowed to run amok conducting illegal "sweeps" throughout the country, especially in areas like San Diego were our food is grown or processed.

Check points on every road would be needed. Teams of badge wearing gun toting men and women would be chasing children through schoolyards – like they once did in Omaha—or standing outside schools grilling 5-year old children –like they once did in Arizona.

The local cops and deputies would be so busy that burglaries would not be solved, armed robberies would be ubiquitous and unsolved or prevented, few murderers would be hunted down and arrested. The cops would be too busy looking for busboys, maids and strawberry pickers to fight real crime.

For the "sweeps" cheering section: two questions-- What are you willing to pay for food, and, what part of illegal don’t you understand?

Raoul Lowery Contreras'
is a regularly featured columnist at CalNews.com
 
 

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