Credit: Kym Balthazar
Sen. Patrick Leahy (D-Vt.) introduced legislation Thursday that would reduce the area near international borders where federal agents are allowed to conduct warrantless searches.

United States Border Patrol agents have for years established temporary checkpoints along Interstate 91 in southern Vermont to ask motorists about their citizenship and where they’re going. Some are detained for additional questioning. Because the checkpoint is within 100 miles of the Canadian border, federal law allows agents to do that without a warrant.

Federal law gives authorities expanded power near the borders in order to protect national security. But Leahy said in a statement that a range of 100 miles from the border is unreasonable. The new legislation, cosponsored by Sen. Patty Murray (D-Washington), would shrink the that zone from 100 to 25 miles.

“[T]his 100-mile zone is neither limited nor reasonable,” Leahy said. “It includes marine borders. At present, it encompasses almost two-thirds of the population of the United States. This includes major cities such as New York, Seattle, Chicago, New Orleans and Los Angeles, even the ‘border town’ of Richmond, Va., as well as entire states such as Maine, Delaware, and Florida.”

Concerns about intrusive law enforcement practices have resurfaced under President Donald Trump, and the Border Patrol is exercising its authority to conduct searches far from the Canadian line. On May 18, Danielle Rochford of Burlington was on a Greyhound bus from Montréal that was delayed for a search at White River Junction.

She told Seven Days the following week that Border Patrol officers boarded the bus to ask passengers if they were American citizens or authorized to travel within the U.S.

“When they asked me if I was an American citizen, I said yes, and they didn’t request any identification from me at all,” Rochford said. “Anyone else who had an accent, including the person in the front row who was obviously white, was asked to show identification. I saw two people of color being escorted off the bus for further proof of identification,” she said, noting that both passengers returned about 15 minutes later.

The 100-mile zone has long been a target of Leahy’s ire.

Leahy, who was not available for an interview, said in the statement that Trump’s “aggressive yet wasteful” immigration enforcement tactics show that reforms are needed.

“Vermonters have rightly been concerned about these expanded border zone searches,” Leahy said. “They believe, as I do, that once inside our country the phrase ‘show me your papers’ does not belong inside the United States of America.”

The legislation would allow the Border Patrol to set up fixed checkpoints — those that stop every passing motorist for questioning — no more than 10 miles from the border. Current law allows the Border Patrol to enter and search private property, except houses, within 25 miles of the border. The bill seeks to limit that power to within 10 miles of the border.

“The 100-mile ‘border zone’ — and the similar 25-mile zone where many types of warrantless property searches are permitted — predates this current administration,” Leahy said in the statement, “but the actions of this administration have shown just how much we need legislation like this today.”

Sara Tabin contributed reporting.

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7 replies on “Leahy Bill Would Limit Feds’ Authority to Search Near Borders”

  1. Liberal wacky Leahy wants open borders as do most of the Communist left. This bill is going nowhere. Leahy’s influence died when his buddy Killer Ted died.

  2. “Leahy was not available for an interview…”

    Jeez, that puts him in good company with his socialist fellow Vermont senator, meaning both of those clowns are afraid of subjecting themselves to some tough questioning by Seven Days.

    So, let’s unpack this: Leahy wants border cops to lose 75 percent of their arrest authority.

    OK, so can someone ask Leahy – when he resurfaces – whether he might change his press release if some illegal breaks down his door in Middlesex some night brandishing a weapon while the good senator and his wife are sleeping?

    If Leahy’s bill became law, a border cop patroling Middlesex, for instance, would be powerless to grab some loser illegal thug he happens to come upon. Currently, under present law, that border cop would be within his 100-mile arresting authority.

    But if Leahy has his way, that border cop would be impotent in Middlesex, Leahy’s hometown.

    Good job, senator. Thanks for making us – and you- less safe.

  3. Ted, this is about warrantless checkpoints and searches, and has nothing to do with coming across a crime in the middle of being committed, or having some other (legal) reason for searching and/or arresting someone. In fact, the third amendment from the attached language says that they can still stop a vehicle if they have reasonable suspicion that an occupant is in the US illegally, regardless of distance from the border.

  4. I have an idea… The Border Patrol can hand out a card to all illegals with Leahy and Sanders name and address on it inviting them to go to their houses, they have lots of room in their homes and lots property to put up tents for the over flow.. I mean they care so much for these illegals more so than Vermont citizens and the rest of the United States, so they should give them a place to stay and pay for the food etc out of their millions. They can get their buddy Welch to do the same thing after all he has millions. Sanders has 5 homes 1 of them is a summer home plus he has millions too.. Come on boys open your homes, share the wealth with your illegals. They won’t rob you or try to murder you. much. You think they are such wonderful law abiding people. Invite them into your homes. All 3 hate Pres Trump and they are a disgrace to our state and their positions.

  5. Liberals always want to curb police powers – until they are:

    * Awoken in the middle of the night by someone breaking down their door.

    * Burglarized.

    * Robbed.

    * Assaulted.

    * Needing emergency help of any kind.

    Don’t for a minute think Leahy would favor taking away most of the arresting authority of a federal border cop if it meant he or his family believed they were in immediate danger.

    Not on your life.

    Mollycoddling liberals can argue until the cows come home that Leahy only wants to remove some of the authority from border cops.

    Camel’s nose under the tent mean anything?

  6. The article says “Vermonters have rightly been concerned about these expanded border zone searches, Leahy said. They believe, as I do, that once inside our country the phrase show me your papers does not belong inside the United States of America. Well Senator Leahy, as is the case on pretty much every time you open your mouth, you and the other two Muskateers too, do NOT speak this Vermonter.

  7. It’s funny that everyone is concerned with unauthorized immigrants committing burglaries or various violent crimes, when the available information all points to immigrants committing fewer violent crimes than native-born Americans, and also having lower rates of incarceration and repeat offending.

    The nationalistic us vs. them mentality is disheartening, and I worry that the commenters here don’t understand that it is possible to be gracious to all people, including those who are different than oneself. Leahy and the rest of the delegation care about human beings, simple as that.

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