While I was born after 9/11, I'm think I've heard that these unprecedented powers were given to CBP (and other border agencies around the world) after that event.
Most people crossing any border face little friction like this, but when you dig in and see what border agents are allowed to do, it gets a bit unnerving. Especially so for the US, the self-proclaimed land of the free.
Consider this - the CBP is granted wide-reaching powers that can supersede what actual police are allowed to do. They're allowed to racially profile, discriminate, search or detain anyone for any reason - citizen or not. Search warrants aren't required. Punishments like refusing foreigners entry for no reason or marking citizens to be additionally screened for the rest of their life can't be contested and are absolute. They are insulated from being sued, and may not need to follow Freedom of Information requests (not sure if this was reverted or not). They can do any of this within 100 miles of any external US borders - a.k.a. most major cities in the country. You don't actually need to be crossing or have crossed a border to be held up. Freedom!
The more you read into it, the more it seems that the federal US government has written a black check in terms of what some people are allowed to do. In the vast majority of cases, border guards are reasonable and don't overstep any boundaries - but I'm confused at why Americans, with the culture of valuing individual freedoms over all, aren't concerned with the hypothetical consequences these powers provide.
> I'm confused at why Americans, with the culture of valuing individual freedoms over all, aren't concerned with the hypothetical consequences these powers provide.
I don't think this is as much of a "gotcha" it seems to be. People have all kinds of theoretical beliefs that they routinely violate in practice. It's just part of being human.
The way things like this are supposed to work in the real messy human world is that we encode these "freedoms"/rights into a constitution. We then have a judicial branch that protects these rights, irrespective of individual human inconsistency/hypocrisy. For border searches we have the relevant rights in the US constitution already. The problem is that the judicial branch has incorrectly ruled that protections like the 4th amendment don't apply at the border.
Most people crossing any border face little friction like this, but when you dig in and see what border agents are allowed to do, it gets a bit unnerving. Especially so for the US, the self-proclaimed land of the free.
Consider this - the CBP is granted wide-reaching powers that can supersede what actual police are allowed to do. They're allowed to racially profile, discriminate, search or detain anyone for any reason - citizen or not. Search warrants aren't required. Punishments like refusing foreigners entry for no reason or marking citizens to be additionally screened for the rest of their life can't be contested and are absolute. They are insulated from being sued, and may not need to follow Freedom of Information requests (not sure if this was reverted or not). They can do any of this within 100 miles of any external US borders - a.k.a. most major cities in the country. You don't actually need to be crossing or have crossed a border to be held up. Freedom!
The more you read into it, the more it seems that the federal US government has written a black check in terms of what some people are allowed to do. In the vast majority of cases, border guards are reasonable and don't overstep any boundaries - but I'm confused at why Americans, with the culture of valuing individual freedoms over all, aren't concerned with the hypothetical consequences these powers provide.