One woman who knew her rights forced Border Patrol off a Greyhound bus
By Mitra Ebadolahi
On June 7, Tiana Smalls, whose Facebook profile describes her as owner of Fire Flower Beauty Company, was riding a Greyhound bus from Bakersfield, California, to Las Vegas, Nevada. As the bus approached an agricultural checkpoint at the Nevada state line, Ms. Smalls said the driver made an unusual announcement: “We are being boarded by Border Patrol. Please be prepared to show your documentation upon request.”
Smalls immediately reacted. According to a description she posted on Facebook, she stood up and loudly said, “This is a violation of your Fourth Amendment rights. You don’t have to show them shit!” She then used Google Translate to repeat her message in Spanish, reassuring the Spanish-speaking woman sitting beside her and probably countless other fellow passengers.
Border Patrol agents boarded the bus and started to ask the passengers for their “documentation.” Smalls stood up again and shouted, “You have no right to ask me for anything! This is harassment and racial profiling! We are not within 100 miles of a border so [these agents] have no legal right or jurisdiction here!”
Smalls’ simple and courageous act of resistance was enough. The Border Patrol agents, realizing that they would face an uphill battle, immediately retreated, telling the driver to continue on.
U.S. Customs and Border Protection officials claim sweeping authority to operate in the interior of the United States. Their basis for doing so is a federal statute that purports to allow CBP officers to undertake certain enforcement activities without a warrant “within a reasonable distance from any external boundary of the United States.” A federal regulation adopted in 1953 inexplicably defines a “reasonable distance” as up to 100 air miles from any external boundary of the United States — an area that sweeps up nearly two-thirds of the U.S. population (200 million people), nine of our 10 largest cities, and several entire states (including Florida, Maine, Massachusetts, and New Jersey). And still, CBP cheats its way to more interior encroachment, for example, by claiming that the Great Lakes shared with Canada are “functional equivalents of the border” so that all of Michigan and Chicago are in its reach.
CBP often overlooks basic civics in making this power grab, however. No act of Congress can authorize a violation of the Constitution, which is the supreme law of the land.
In general, the Fourth Amendment allows law enforcement to enter business areas that are open to the public. In nonpublic areas, however, law enforcement officers must have a warrant, consent, or “exigent circumstances” for their entry to be constitutional. Because you need a ticket to board a Greyhound bus, these are nonpublic areas. In a recent letter to Greyhound’s general counsel, the ACLU explained that Greyhound is not obligated to consent to the Border Patrol’s warrantless and unjustified raids on its buses.
Since Trump took office, CBP activity far from our actual borders has increased significantly. ACLU affiliates in Washington, California, Arizona, Michigan, New York, Vermont, and Florida have reported multiple incidents involving Border Patrol agents boarding Greyhound buses without a warrant or consent, and terrorizing passengers by demanding their papers. These reports indicate that Border Patrol agents routinely engage in racial and ethnic profiling, singling people out for the color of their skin or accents.
We live in dark times. Many people want to stand up for their own rights and the rights of others, but feel unsure about how. Smalls’ experience, like that of two brave women in Montana last month, teaches us that sometimes knowing one’s rights and speaking out with confidence delivers truth to abusive power.
Mitra Ebadolahi is a Border Litigation Project staff attorney for ACLU of San Diego & Imperial Counties.
Articles related to “One woman who knew her rights forced Border Patrol off a Greyhound bus”
As Hispanics support Trump’s immigration policies, GOP has lessons to learn
A merit-based immigration system would help Americans — and skilled foreigners
The viewpoints expressed above are those of the author and do not necessarily reflect those of The Independent.
How to submit an article, guest opinion piece, or letter to the editor to The Independent
Do you have something to say? Want your voice to be heard by thousands of readers? Send The Independent your letter to the editor or guest opinion piece. All submissions will be considered for publication by our editorial staff. If your letter or editorial is accepted, it will run on suindependent.com, and we’ll promote it through all of our social media channels. We may even decide to include it in our monthly print edition. Just follow our simple submission guidelines and make your voice heard:
—Submissions should be between 300 and 1,500 words.
—Submissions must be sent to editor@infowest.com as a .doc, .docx, .txt, or .rtf file.
—The subject line of the email containing your submission should read “Letter to the editor.”
—Attach your name to both the email and the document file (we don’t run anonymous letters).
—If you have a photo or image you’d like us to use and it’s in .jpg format, at least 1200 X 754 pixels large, and your intellectual property (you own the copyright), feel free to attach it as well, though we reserve the right to choose a different image.
—If you are on Twitter and would like a shout-out when your piece or letter is published, include that in your correspondence and we’ll give you a mention at the time of publication.
