A few hours after United States President Donald Trump was inaugurated for a second time at the Capitol Rotunda in the District of Columbia, a Border Patrol agent was gunned down by a German man during a traffic stop near the Canadian border. The 44-year-old agent had been previously assigned to the Mexican border, where he was in a K9 unit. According to preliminary details of the investigation, David Maland was checking a vehicle for drugs when he got into an argument with the driver over his visa status in the U.S. Although Maland was killed over an immigration issue, it’s important to note he was looking for drugs smuggled from Canada, thus working in a law enforcement capacity.
How Border Patrol Fits into the Department of Homeland Security (DHS)
The U.S. Border Patrol has been under the purview of the Department of Homeland Security (DHS) since 2003. Before that, it was under the Department of Justice. It has always been a law enforcement agency. These days, it’s a component of the larger Customs and Border Protection (CBP) agency. Essentially, CBP officers are stationed at ports of entry to inspect goods and people, so they enforce customs, immigration, and agriculture laws. Border Patrol agents work with CBP officers to prevent illegal border crossings and smuggling.
Border Patrol’s Role in Immigration Enforcement
In some cases, Border Patrol agents may work with Immigration and Customs Enforcement (ICE), another DHS agency. ICE focuses on enforcing immigration laws inside the country. In other words, they deal with foreigners who have crossed the border. When Trump talks about a “deportation force,” he’s referring to ICE agents. Nonetheless, the detention camps his “border czar” Tom Homan has envisioned would be partially staffed by Border Patrol agents. This staffing decision has everything to do with the location because the camps are close to various Border Patrol stations along the southern border.
To a lesser extent, agents from the Border Patrol may also work with U.S. Citizenship and Immigration Services (USCIS), another DHS agency. When USCIS directors tour ports of entry and detention centers, they’re often escorted by agents familiar with their patrol routes. When DHS operations require fieldwork, it’s safe to assume Border Patrol agents will be involved because that’s a major aspect of their expertise.
Authority & Jurisdiction of Border Patrol Agents
Like other DHS agencies that handle matters related to migrants and foreign travelers, the Border Patrol trains agents to become familiar with the immigration process. They’re expected to recognize USCIS documents such as visas, the Form I-94 Arrival/Departure Record, asylum petitions, green cards, and others. A combination of federal laws and court opinions gives agents jurisdiction to inspect individuals, vehicles, and establishments as far as 100 miles from the borders. They’re authorized to conduct detentions and use force when applicable.
What Foreigners Should Know about Border Patrol Encounters
What foreigners in the U.S. must know about Border Patrol agents is that they operate under the legal doctrine of probable cause and reasonable suspicion. This means they can’t search you, your home, or your vehicle on a whim. You can object to Border Patrol searches. Moreover, you don’t have to answer questions if they can’t get a search approved or a green light for detention. Ask your San Diego immigration lawyer about how your status may affect an encounter with Border Patrol agents and what you should do when they stop you.
If you have any questions about immigration matters, contact trustworthy immigration attorneys in San Diego. The lawyers at KS Visa Law have vast experience with every aspect of immigration law, and they’re the attorneys to call on when you need the most up-to-date information about immigration regulations and how to navigate the immigration system. Call KS Visa Law today to schedule an appointment.
