What is happening in Charlotte?
North Carolina’s largest city is reeling from a series of immigration raids that have arrested more than 100 people, leading to alarm and protests.
US Customs and Border Protection has called it Operation Charlotte’s Web, and border agents have been seen near churches, apartment complexes and stores. Greg Bovino, a hardline Border Patrol chief who has led agents in a similar effort in Chicago and Los Angeles, has also been spotted.
Over the weekend, Bovino – known for posting highly stylized videos of enforcement actions – touted his work on X. “From border towns to the Queen City, our agents go where the mission calls,” he said, referring to Charlotte.
Josh Stein, the governor of North Carolina, has criticized the crackdown as simply “stoking fear”.
Why are we seeing more border agents in US cities?
Customs and Border Protection (CBP), which encompasses the Border Patrol, is about 60,000 agents strong – making it the largest law enforcement agency in the country.
The department has long had the authority to conduct patrols further inland, but it has until recently been highly uncommon to see agents stray far from the south-western border. During Donald Trump’s second term, however, agents have become ubiquitous foot soldiers in the administration’s mass deportation agenda.
Under a 1946 statute, Border Patrol agents have the ability to conduct warrantless searches within a “reasonable distance” – or up to 100 miles – from any international boundaries. Those boundaries include international land borders as well as coastlines – so in effect, their range encapsulates most US major cities, including LA, New York and Washington DC. Cities such as Chicago falls within this 100-mile zone, because the Great Lakes are considered a maritime boundary.
Nearly two-thirds of the US population lives within the zone.
Can Border Patrol operate in places such as Charlotte that are not near the border?
The short answer is yes.
That’s according to Deborah Anthony, a professor of legal studies at the University of Illinois Springfield with an expertise in constitutional law and the legality of Border Patrol operations. She clarifies that within 100 miles of an international border or US coastline, Border Patrol operates with expanded authority that other law enforcement agencies do not have. Within that perimeter, agents can run immigration checkpoints that require every motorist to stop, even without reasonable suspicion, and can board buses, for example, for immigration inquiries.
But once agents are outside the 100-mile perimeter, Border Patrol loses those exemptions and must follow the same constitutional limits as any other law enforcement agency. For instance, agents cannot indiscriminately stop cars or pedestrians or set up checkpoints.
They also cannot detain or question people without reasonable suspicion of an immigration violation. To arrest or detain someone, Border Patrol agents would need probable cause, just like any other law enforcement agency. Therefore, if agents in Charlotte conduct stops, detain people without cause, or operate checkpoints inland without reasonable suspicion, that is technically a violation of the constitution.
“I think that their presence in Charlotte is something that the community should pay close attention to, because whether they’re operating legally depends on the specifics of how things are playing out,” Anthony said.
Who is Greg Bovino, the border chief in charge of these efforts?
Until recently, he was an unheralded regional Border Patrol agent from southern California. But since the summer, Bovino, 55, has become the face of the Trump administration’s mass deportation efforts in cities such as Los Angeles, Chicago, and now Charlotte.
Bovino, a 29-year Border Patrol veteran who formally headed the El Centro sector in southern California, has frequently broadcast his operations in social media videos that resembles action films.
Bovino is not without controversy: he has come under fire for making misleading statements about immigration raids, and Border Patrol operations in Chicago and Los Angeles have triggered lawsuits over the use of force, including widespread deployment of chemical agents.
Last month, a federal judge ordered Bovino to regularly appear in court with updates about operations in the city, an effort to create more oversight over the Trump administration’s militarized immigration crackdown. Bovino was also ordered to get a body camera and complete training on the use of a body camera.
In August, the New York Times reported that two undocumented people died trying to flee from Bovino’s agents. A Mexican farm worker fell from a greenhouse and a Guatemalan day laborer was hit by a vehicle following a raid at a Home Depot.
What does Border Patrol say about the scope of its operations?
In response to questions from the Guardian about Border Patrol’s operations in Charlotte, DHS assistant secretary Tricia McLaughlin said: “While the US Border Patrol primarily operates within 100 air miles of the border, the legal framework provided by the Immigration and Nationality Act (INA), title 8, title 19 of the US Code, and other laws allows them to operate anywhere in the United States.”
She added: “Their ability to operate nationwide ensures Border Patrol can enforce immigration laws, combat smuggling and address national security threats anywhere in the United States, and that immigration enforcement is not limited to border regions when individuals who evade detection at the border can still be apprehended.”
Lawyers and human rights advocates, however, have said that the agents, who are trained to block illegal entries, drug smugglers and human traffickers at the country’s borders, may be ill-suited to conduct civil immigration enforcement in urban communities.
“The Border Patrol is certainly quite cavalier, and has been very aggressive historically as it goes about its enforcement responsibilities,” César Cuauhtémoc García Hernández, a law professor at Ohio State University, previously told the Guardian.
Robert Tait and the Associated Press contributed reporting
Source: US Politics - theguardian.com
