BORDER PATROL

To The Editor:

The Border Patrol traffic checkpoints being conducted locally have
raised questions from the public regarding the Border Patrol's
authority to conduct such checkpoints. The Swanton Border Patrol
Sector would like to explain the border Patrol's mission and its
authority to conduct checkpoints. By doing so, we hope to clear up
confusion and educate the public about the national security benefits
of checkpoints.

The Border Patrol lies within the Department of Homeland Security
(DHS). It is part of U.S. Customs and Border Protection (CBP) within
DHS. This bureau is responsible for managing and securing our nation's
borders. The Border Patrol's priority mission is to secure the
nation's borders from terrorists and weapons of terrorism. Swanton
Sector has an area of responsibility that stretches from Ogdensburg,
New York, to the New Hampshire-Maine border, approximately 295 miles.

The law that specifically allows the Border Patrol to search for
aliens is contained in Section 287 (a) (3) of the Immigration and
Nationality Act of 1952. It states that without a warrant Border
Patrol agents are authorized " within a reasonable distance from any
external boundary of the United States and any railway car, aircraft,
conveyance, or vehicle." Government regulations define a "reasonable
distance" as 100 air miles from the border. All of our local
checkpoints lie within 100 air miles of the border.

Checkpoints, by their very nature, slow traffic wherever they are
erected. This has been a public concern throughout the years and some
court cases have gone as far as the U.S. Supreme Court. The most
significant case, however, centered upon whether or not traffic
checkpoints violate the Fourth Amendment which protects against
unreasonable searches and seizures. In a 1976 decision in the case of
the U.S. v. Martinez-Fuerte, 428 U.S. 543556 (1976), the U.S. Supreme
Court found that the intrusion to motorist at checkpoints is minimal
and that Border Patrol do not violate the Forth Amendment.

Checkpoints are highly visible tools that the Border Patrol employs
throughout the country to secure our nation from terrorist and weapons
of mass destruction. Checkpoints are erected to heighten law
enforcement presence/visibility for the deterrence of terrorism and to
conduct enhanced inspections to identify those who may have already
entered the country illegally. The primary purpose of a checkpoint is
to secure our nation against terrorist; however, during the course of
these checkpoints, other criminal activity is often encountered, such
as drug smuggling. Any traffic or moving violations encountered at
Border Patrol checkpoints are referred to the appropriate state and
local agency.

The local checkpoint sites, which have been used by the Border Patrol
for many years, are erected at specific, geographic chokepoints. They
are utilized for several reasons: they lie on major routes that lead
directly away from the border; they are highly visible; and they are
successful. Since last December, nearly 1,000 apprehensions of persons
illegally present in the United States have been made at Border Patrol
checkpoints throughout Swanton Sector.

The anti-terrorism benefits that traffic checkpoints provide for the
nation, however great, do impact on local residents who travel our
interstates daily. The Border Patrol recognizes the inconvenience that
checkpoints may create for people in their commuting lives. We
appreciate the patience, cooperation and understanding that the
overwhelming majority of commuters demonstrate as they drive through
our checkpoints.

Stanley U. Spencer, Chief Patrol Agent

Swanton Border Patrol Sector