Tim Dickinson – Rolling Stone:
CBP agents inspected passenger identifications on the jetbridge by the door of the aircraft. A CBP spokesman insisted to Rolling Stone that this action is “nothing new” and that there is “no new policy.” But the unusual – and legally questionable – search of domestic travelers comes days after the Department of Homeland Security outlined its plans to implement President Trump’s sweeping executive order targeting millions of “removable aliens” for deportation.
CBP only has authority over international arrivals to the US. This aircraft had arrived at JFK from San Francisco:
Rolling Stone asked CBP to point to its statutory authority to stop and examine the identity documents of deplaning domestic passengers. The spokesman sent a link to a document titled CBP Search Authority. The document refers to CBP’s authority to inspect international arrivals. Specifically, it cites 19 C.F.R. 162.6, which states, “All persons, baggage and merchandise arriving in the Customs territory of the United States from places outside thereof are liable to inspection by a CBP officer.” The CBP document adds: “CBP has the authority to collect passenger name record information on all travelers entering or leaving the United States.” (Emphasis added.)
CBP claims to have been looking for an individual ordered removed by an immigration judge.
This administration will continue to overreach until it is slapped back by a federal court. No matter the issue, Mr. Trump’s minions will mis-use the levers of federal authority until they are stopped.
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