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Where the Fourth Amendment Doesn’t Apply

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Well, according to Republican Supreme Court justices we barely have a 4th Amendment, but the violations in the border zone are particularly egregious.

Arivaca is a small, unincorporated community in Pima County, Arizona, around 11 miles north of the Mexican border. The closest big city is Tucson, 60 miles northeast. The town itself is barebones—a smattering of old buildings, some dating back to the 1800s. It is surrounded by swathes of yellow grassland.

To get groceries or cash a check at the bank, residents often have to drive north to Green Valley, or even further, to Tucson. And to do that, they have to pass by a Customs and Border Protection (CBP) checkpoint, where they’re inevitably asked if they’re U.S. citizens.

“It sometimes feels like they’re trying to create a no man’s land,” says Arivaca resident Peter Ragan. “All the people who are living here, and may have lived here for generations, are now part of the problem because they’re in the way.”

While the weight of border patrol’s operations is felt heaviest along the southwest border of the U.S., the “no man’s land” Ragan is talking about actually extends much further into the country. In the “border zone,” different legal standards apply. Agents can enter private property, set up highway checkpoints, have wide discretion to stop, question, and detain individuals they suspect to have committed immigration violations—and can even use race and ethnicity as factors to do so.

That’s striking because the border zone is home to 65.3 percent of the entire U.S. population, and around 75 percent of the U.S. Hispanic population, according to a CityLab analysis based on data from location intelligence company ESRI. This zone, which hugs the entire edge of the United States and runs 100 air miles inside, includes some of the densest cities—New York, Philadelphia, and Chicago. It also includes all of Michigan and Florida, and half of Ohio and Pennsylvania, according to a prior rough analysis by Will Lowe, a data scientist at MIT.

“It really is kind of a constitution-free zone,”says Patrick Eddington, a policy analyst who has been compiling data on border patrol’s internal checkpoints at the CATO Institute, a libertarian think tank. “I guess the best way to phrase it is that in this area, [border patrol agents] are being allowed to nullify people’s rights.”

It’s hardly a wonder that ICE is a bunch of fascists when they are given full right to shred the Constitution in the areas where the most Latinos live, as well as in many of our largest cities. But hey, if you are white in Nebraska, you are good. Let freedom ring.

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