Know Your Rights – Interior Border Patrol Checkpoints

Know Your Rights – Interior Border Patrol Checkpoints


– [Jorge] To live and grow up
in the 100-mile border zone is to be constantly surrounded
by Border Patrol agents. – The 100-mile border zone is
the area around United States. It’s the boundary with
Mexico and it also includes the northern boundary with
Canada and both coastlines. – Within the 100-mile
border zone Border Patrol claims to have certain
additional authorities. For example, they claim the
right to operate temporary and permanent interior border checkpoints and roving patrols. – Although Border Patrol likes to act like they have full reign
to do whatever they want, they do have to follow certain rules. Their questioning should be limited to only immigration or citizenship status. – [Agent] Are you guys all Americans? – Anytime you come to an
immigration checkpoint it’s very important
that you tell the truth when you’re talking to the agents. If you are a United States
citizen state that truthfully. If you are not, if you are either a lawful permanent resident
or green card holder or if you have some
sort of visitor’s visa, please make sure to have those
on your person at all times when you’re traveling
in the United States. Never lie to an immigration official. If an agent decides to ask more questions beyond the citizenship questions they have to have reasonable suspicion. So that’s more than a hunch,
that’s more than a gut feeling that something is wrong, they
have to have articulable facts that you have either
violated immigration law or some federal law. If you’re held at a checkpoint for more than brief questioning
then you should ask, am I being detained? If the answer is no
then you should be free to go at that point. For an agent to arrest you, detain you for a
protracted period of time, search your belongings or your vehicle they must have probable cause
that you committed an offense. Probable cause is the reasonable belief based on the circumstances
that a person has likely committed an immigration
violation or crime. If an agent asks you if they
can search your belongings you have the right to say no. You have the right to record interactions with Border Patrol agents. If you come to a checkpoint and the agents tried to bring a dog around to sniff for drugs or other contraband, you have the right to
record that interaction. If they try to falsely
claim that you have drugs or some other contraband in your vehicle make sure to either record
it or write down everything that you can about the
incident and report it. Finally, know that remaining silent does not meet the standard for reasonable suspicion
or probable cause. Neither does your race or ethnicity. If you’ve experienced a
violation of your rights at an internal checkpoint
please contact the ACLU. Visit our website at www.aclu-nm.org and tell us about your experience.


59 thoughts on “Know Your Rights – Interior Border Patrol Checkpoints

  1. If we all used our fifth amendment rights at these unconstitutional 100 mile radius checkpoints they would be slowed to the point of extinction.

  2. Try looking up a first amendment audit of a checkpoint. Then ask yourself where were our rights for those people.

  3. The only problem I have with this video is when Nia Ruck, ACLU manager, states that it is very important to tell the truth when talking to the agent. While I understand her advice, it is not exactly the best advice. The advice she should give is not to answer or talk to the agent at all. This will eliminate the possibility of an agent detecting a deception or a contradiction or any kind of false statement. Since a person has the right to remain silent pursuant to the 5th Amendment, this will eliminate the need to lie and it will also not give the agent any PROBABLE CAUSE to arrest the person because silence does not rise to the standard of reasonable suspicion or probable cause.

  4. The "VERY FIRST" question a citizen should ask when entering one of these internal suspiciounless checkpoints is "AM I BEING DETAINED OR AM I FREE TO GO?" Never answer questions from Border patrol agents or any law enforcement. YOU HAVE THE RIGHT TO REMAIN SILENT. This video is a crock of shit…

  5. GET THE FUCK OUTTA HERE!!! Every single motherfuking American having to prove their citizenship within the United States is having your rights violated you f**** scumbags!

  6. What the heck happened to the ACLU? You guys have really lost it, huh? I thought when you were on board with witch hunts like we saw with Supreme Court nominee Brett Kavanaugh and how you pull this nonsense. What the heck? Why are you like this now?

  7. There is an epidemic of police brutality and police misconduct in this country! They operate under the guise of serving and protecting when in actuality they are murderous Revenue Gathering tyrants that harass intimidate assault and kill citizens everyday! If you don't bow down to them they will hit you with false charges like the Despicable immoral scum they have become due to The Thin Blue Line bullshit! The only way to start getting accountability is to always always always exercise your right to film The Police! Always always always film The Police! 54,000 citizens a year hospitalized by POLICE and 1200 citizens a year killed by police and the only way to bring that number down is to always always always film The Police! They use the "in this day in age" bullshit to criminalize constitutionally protected activities! Well I say "in this day and age everybody has a camera and should never hesitate to always always always film The Police! That's the only way to start getting accountability from these cowardly tyrants! They're always crying about officer safety! What about CITIZEN SAFETY????

  8. Funny how ACLU tells American citizens to give up their rights and 'answer truthfully' all the while defending illegal immigrants rights.

  9. Fuck the ACLU. Let me know when you vehemently defend the second amendment as well as you do the others. Fucking scumbags.

  10. Aclu is biggest enemy of the American people, I was around before Aclu and it was lot better they are communists, who come in the guise of rights but stripped rights from all.

  11. WTF…….. If you are already in the US……Probable cause ; The police officer must have articulable probable cause before detaining of anyone !!! Understanding of probable cause: The police officer must have and be able to articulate probable cause that, A) You have harmed/damaged a person or property and or. B) The police officer has a witness, of you committing a crime and or. C) The police officer witnessed you committing or about to commit a crime and or. D) Has a warrant for your arrest. Without probable cause before the stop, the ticket/citation is unconstitutional.
    Reasonable suspicion must be linked to (see above probable cause). If you are told that your being detained, you are under custodial arrest and Miranda rights must be sighted to you before any questioning (Detained = Arrest). They can not search anything without warrant or your consent or a crime has been or about to be committed. You have the right to record your servants!!!!! A dog has a hit (detect) on your vehicle, then demand them to go tell the judge and get a warrant to search, because a dog is not 100% accurate let alone can speak in any language on what he has found. Have some fun by putting a little peanut butter inside the inner rim of your wheel, see what happens…… a very long day! ALL CHECKPOINTS INLAND ARE UNCONSTITUTIONAL……………

  12. @ ACLU; I thought you where for (support) of the LAW…… Please explain this and how it relates to these unconstitutional checkpoints…… US. SUPREME COURT DECISION – "…every man is independent of all laws, except those prescribed by nature. He is not bound by any institutions formed by his fellowman without his consent." Cruden v. Neale, 2 N.C. 338 (1796) 2 S.E. I doubt, I'll get a response………….

  13. My question is this. Why does the ACLU not pursue actions against Agents who ROUTINELY violate the rights of American citizens who are harassed and detained absent R.A.S. at these checkpoints in violation of Fuerte and CBP handbook policy-(18.7(b). Seems like lip service to me.

  14. Drug checkpoints are not legal. Who says? SCOTUS. What is the damn dog doing at an inland 'border" checkpoint? I guess the damn dog is able to determine citizenship, and why not? The damn dogs are omniscient, unaccountable, faulty detection devices. It's not like you can put "Rover" on the stand and testify under penalty of, of, what? PERJURY? We are truly insane.

  15. Yes they do have a right to set up these check points and if you do not want to answer there questions they can pull you off to the side and hold you until they find out your name and citizenship. You will not slow anybody down except you

  16. All i know is this. If I am ever stopped and treated like this….at any border patrol agent. I am armed 24/7 and I am going to kill them. And make sure they are dead

  17. These check points are a complete joke. I have been through about 20 ( maybe a few more) times. I am not a citizen but a permanent resident. When they ask me if im a citizen I say yes and they wave me through. I wonder if its my blonde hair and blue eyes ?

  18. you should blame the problems you have with the border patrol on the people that promote all these third-world illegal alien peasants to occupy the United States…..if you promote these foreigners to remain in the United States you're promoting criminal activity…… The only solution is for all of them to self deport apply for a Visa in their country of origin at the American consulate and wait patiently until their Visa is approved……… Blah blah blah

  19. A 14th amendment U.S. citizen is a legal person/ legal entity w/o natural rights and w/o constitutional protections.

  20. If you want to remain silent, tell them you are going to pull over so you aren't infringing on my rights by having to sit behind your retarded ass arguing with the agents about your rights… I have shit to do other than waste time waiting on your dumbass to get through arguing… If you have nothing to hide what is the big deal to answer any questions? I answer the questions and go… instead of monkey fucking around with border patrol or police trying to prove I have rights… It is just plainly retarded…

  21. Whatever happened to you don't have to answer the question, because one question today becomes two or three questions tomorrow.

  22. "never lie to immigration"
    Agreed, don't lie. Exercise your 5th. Only speak to insist on your RIGHTS.
    And always film it.

  23. You stupid people get alot people killed with your stupid videos you dumm asses need to educate this dumm americans how to abide and do what the law is asking you and l let things go smooth ..if not you going in the hole and get strip search to see if your carrying anything illigal in the mean time your dignity and your dirty sweaty clothes have fallen in the hands of a custom pervert ..then there you are exposed for being stupid…

  24. You have the right to say noTHING. So use it. Say nothing. Do not answer ANY question. Not even the first question "Are you an American citizen ?".

  25. I am a red-blooded conservative. I voted for Donald Trump. I believe the US CBP and ICE should be well equipped, well trained, paid fairly, and held to a high standard of American excellence. I believe the CBP, ICE, the Coast Guard, and the rest of Homeland security should be working with CBSA and the Mexican Navy/Military to ensure the integrity and security of our nations and national borders.

    I also believe that once you’re in this country legally you should have the right to move freely without impediment. You should have a right to keep your privacy, your property and frankly your time.

    Although I don’t always agree with the ACLU, this issue is incredibly important and they raise important points here. The ACLU is correct that you should never lie. If you lie, you’ve just robbed yourself of your integrity. You have a right to your integrity.

    At this point, I’m not convinced these checkpoints are constitutional. Good on you for talking about this ACLU.

  26. Repeal 8 U.S.C. § 1357(a)(3) it affects many more than the 100 mile Constitution Free Zone. Anyone who travels across the 100 mile zone for work, transport, commerce, school, etc is also affected which makes the number substantially higher than 2/3 of the population.

  27. Funny that they don’t say you have the right not to answer questions until the very end of the video.

  28. Yes, we certainly do have the right to remain silent, but the reality of what happens when you do is another matter. You'll be ordered to secondary, have sharp objects put in front of your tires so that you can't move out of there. Then, they'll run your plate to get all the info they can on you, so in the end they get their way anyway. This country is so far from being truly free, like it used to be, that it's a crying shame. Ultimately, the Supreme Court is responsible for giving CBP the right to hold unconstitutional checkpoints 100 miles inland by decisions like US v Martinez Fuerte (1976).

  29. ACLU where have you been? I live in New Jersey, I’m a us citizen that’s constantly being harassed at the border crossings, I’ve been trying to contact the aclu in area for the longest time now

  30. It got a lot worse at the Canadian border under Obama,they ask you if you ever smoked marijuana. If you answered yes you get banned for life to enter US

  31. I should have seen this videos before today I had a very bd experience the checkpoint, I was ask questions that weren’t related to my legal status I am. Woman that travels alone most of the time to see my dad in Mexico in my way back at checkpoint at freer the agent that saw my green card let me go and then another agent said to wait and he started to ask me questions but when I travel with my husband they never ask anything is like being a Mexican woman traveling alone it’s a crime.

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