STAFF NEWS & ANALYSIS
The Excuse is Immigration, But Federal Checkpoints Violate Everyone’s Rights
By Joe Jarvis - September 04, 2017

Federal agents set up shop in New Hampshire last week. They ran a Constitutionally-illegal checkpoint, violating the Fourth Amendment rights of countless Americans.

The big reward? They arrested 25 illegal immigrants, seven of them children. More than half of those detained had overstayed visas. That means they came to the U.S. legally in the first place and did not leave when their visa expired.

What could have spurred this callous disregard for the law? Well, a personal anecdote could shed some light on the situation.

A friend of mine from Brazil had a six-month visiting visa to the United States. He would come and stay with his uncle who had permanent residency. The way the rules work, it that my friend could use the visa as often as he wanted to travel to the United States, but couldn’t stay for longer than the six month period.

It was literally completely legal for him to fly to Brazil, spend the night, and fly back to the United States the next day. Then he could stay for another 6 months.

Being a rule follower, he did what the law said and flew back to Brazil where he stayed for about four months. The ticket to get back to the U.S. cost about $1,000. But when he arrived, he was denied entry to the United States. He was sent back to Brazil, and his visa was suspended for five years.

Why did this happen? After all, he followed all the rules. Officials said if he was staying 6 months at a time, he must have been working. Yes, because he stayed within the legal limits of his visa, the federal officials surmised that he must have violated the conditions of his visa.

Perhaps this unpredictability of U.S. Customs creates an incentive to overstay visas. Maybe the $1,000 plane tickets make it tempting to overstay a visa. Because maybe even if you follow the rules, you will arbitrarily be denied anyway, wasting your time, burning your money, and being separated from the rest of your family still in the States. Speaking of family, maybe the fact that many of the detained immigrants have kids in school in the U.S. means it is a ridiculous burden to make them leave every six months.

Yes, they broke the law. They broke complicated and restrictive immigration laws.

But why is it so important to follow immigration laws, while immigration officials completely disregard the Fourth Amendment?

Great job! Agents enforced immigration law by breaking Constitutional law. They stopped every car on I-93, without suspicion or probable cause. Generally, occupants of the vehicles are asked whether or not they are an American citizen.

If they refuse to answer, exercising their Fifth Amendment right against self-incrimination, that is considered evidence of a crime, and they are detained for further questioning and possible search. Exercising a right is used as evidence of a crime. That is the point we have gotten to in the U.S.A. police state.

Using these illegal stop and search tactics, police found evidence of other crimes as well, unrelated to immigration.

The checkpoint also resulted in the seizure of two pounds of marijuana, as well as smaller amounts of cocaine, mushrooms and hash oil, all of which were seized from U.S. citizens, according to the Woodstock Police Department. In addition to the immigration detentions, 32 arrests were made for a range of infractions.

So there you have it, Americans’ Fourth and Fifth Amendment rights were violated so that federal agents could prosecute victimless crimes. The only true victims in this whole checkpoint situation were all the people stopped by the agents.

Perhaps you aren’t concerned with the illegal immigrants’ treatment. What you should be concerned about is the convenient excuse increased immigration enforcement gives federal agents to trample your rights.

The harder they go after illegal immigrants, the more Americans will be ensnared, and have their rights violated. They will be stopped at checkpoints, subjected to illegal searches, and forced to be a witness against themselves.

This is how the government operates. Whether it is under the guise of a drug war, illegal immigration, or terrorism, their guns are truly only aimed at one target. The American people.

Tagged with: , , , , , , , ,
Posted in STAFF NEWS & ANALYSIS
  • Dimitri Ledkovsky

    “Papers please!” is here as predicted.

    • aj54

      why do you think that illegal aliens should not be stopped and asked for papers?

      • Why do YOU think that Americans should be stopped and asked for papers?

        • mike2000917

          The checkpoint on I 5 in Cali didn’t ask for “papers”. nor did the checkpoint in Falfurrias, Texas. They simply ask if you are a citizen. They have passed constitutional muster.

          • Don Duncan

            The stop is unconstitutional without probable cause, i.e., specific reason for each vehicle stopped. What happens after that is irrelevant. However, people have stopped and refused to answer that “simple question”. They exercised their right to remain silent. They were ordered to “pull over” (out of line for special harassment) and refused unless probable cause was stated. They were ignored. It was a stand off. Finally after a supervisor was requested, and gotten, they were allowed to exercise their right to travel freely as all humans should be. Why? Did the sup fear being sued for violating rights? Or did he “think that illegal aliens should not be stopped”? I’m betting he would be outraged if you said that to him, and then explain his hands are tied by the Constitution, you know, that pesky “law of the land”.
            Why do you think that the US should revert to lawlessness?

          • Barney Biggs

            In your country does that apply to seat belt checks and DUI checks as well when they stop you on the roads?

            I should tell them to get lost next time as I do not drink and always do up my seat belt. I wonder if they have probably cause?

    • Yep, in spades ! and an easy prediction under BHO and crew !

      Many, even at sites like this are still dumb as a stump and do not grasp much of any of it. They still think the system is working for them ? They cannot admit the truth of the matter.

      http://www.downtoearththinking.com/cogdis-and-normalcy-bias.html

  • Barney Biggs

    I was stopped by the Border patrol just outside of Yuma one night.
    Guy asked me if I was a US citizen. I said no I am Canadian. He stopped cold and
    just looked at me and said “almost as good” and waved me on.
    I had no problem with this whole thing. In my view as an alien I had no rights
    and they were trying to catch those breaking the LAW. No problem with that.

    • Don Duncan

      Everyone within the jurisdiction of the U.S. Empire is expected to obey the law, however imagined by authority, and is “supposed” to enjoy full protection of rights. This includes self confessed law breakers, non-citizens, and anyone, period. Suspects do not lose rights, theoretically. But in practice, we are all guilty criminals, subject to the whim of authorities, without rights.

      This is not new. I was illegally stopped by Customs in 1980, questioned, searched, arrested for not telling them I had $21K, and charged with a felony for that lie. They didn’t claim the lie to be harmful. They claimed it didn’t matter. They didn’t warn me any lie, however innocent, is a felony. In fact I was never even told what the charge was until the next day in court.

      At trial Customs claimed they had probable cause, but didn’t need to tell the jury what it was. My attorney didn’t challenge that claim. The jury trusted them and didn’t care if my lie was self defense (protecting my private financial info from the public who were standing all around us at the air port). My money was stolen before trial and it was not kept because of my charge. My attorney said innocent or guilty, forget the money, it was “gone”.

      I deduced from my jury felony conviction, additional $2000 fine (remember the $21,000? taken?), 3 year sentence, 9th Circuit Appeals Court affirmation of conviction, and appeal hearing refusal by the U.S. Supreme Court that no one is safe from govt. arbitrary, unlimited power. I borrowed another $10K to finance my “defense” and got robbed again. But that was partly my fault. I was ignorant of the fact that I could fire my attorney in open court for not following my instructions and gross incompetence. It was his first trial.

      I concluded no rights are protected, except rarely for propaganda. Govt. must keep the “The Most Dangerous Superstition” alive or the people might take back their freedom/political power.

      • aj54

        are you really asking for sympathy for ‘forgetting’ to declare your funds to Customs?

        • He presented an example. Nowhere did he ask for sympathy. Why are you trying to pick a fight? Do you get paid for every troll posting you make?

      • Barney Biggs

        Don Not sure about your country but here it is a crime to lie to the police, border people and as they say ignorance of the law is no excuse. We are not allowed to have more then 10k CDN on us when crossing the border. Gets real usly if we do.

        It is getting like this all around the world.

        • Don Duncan

          The US Supreme Court ruled authorities have a duty to inform people of their rights, not violate them. If I knew I had to risk my life/bankroll or go to jail, I would have refused to talk in public. That was my right. But I was not given that option or informed of the consequences of my answers. It seems obvious now that I should have kept my mouth shut because they intended to search me (illegally) and were trying to catch me in a lie. However, this is a “catch 22”. If I didn’t respond, they would have claimed my “refusal to cooperate” was suspicious and provided probable cause, making me the only one out of 236 to be searched. However, I would have only lost my $21,000 and not been charged.

  • Raymond Belliveau

    yea , but in other countries you would disappear if you got stopped by their gestapo.

    • Don Duncan

      Yea, just keep telling yourself how lucky you are that your gestapo is better than other gestapos.

      • aj54

        calling ICE and Border Patrol officers gestapo is demeaning to their dignity as human beings and as federal employees. R U a member of Antifa?

        • ron R

          RU a cop or just another intolerant right winger?

          • aj54

            ad hominem attacks are the last refuge of a man without an argument

          • aj54 said:

            “ad hominem attacks are the last refuge of a man without an argument”

            LOL !!! I just HAD to up-vote your comment because of YOUR ad hominem attack on Don Duncan in the post immediately above.

          • aj54

            I will send along your approval to Socrates

        • Don Duncan

          Obviously you haven’t sat in court and heard 3 US Customs agents lie so blatantly that a very authoritarian judge tried to get them to clean up the contradictions. (Ahhh, don’t you mean…?) But that was the story they memorized and practiced, and they were sticking to it. My attorney laughed and told me they just “shot themselves in the foot” (discredited their testimony). He didn’t know the judge was going to “instruct” the jury to pay no attention those details.

          I didn’t force them to lie. They demeaned themselves. So do all who don’t quit their jobs, but instead continue their right’s violations. What is their explanation? “I’m just doing what I’m told”? (No thinking required.)

          • There is a town named Nuremberg in Pennsylvania — just waiting….

            tinyurl(DOT)com/NUREMBERG-II
            tinyurl.com/NUREMBERG-II

          • mike2000917

            Because you have an ax to grind , we should open our borders.

          • Don Duncan

            America, the only country given a statue to commemorate its acceptance of all as equal politically and entitled to a chance to enjoy rights, is hypocritical if it ignores that principle but continues to sing “land of the free, home of the brave”. If all the other nations close their borders, it is their mistake, and people will continue to come here for refuge, enriching all of us. I want to be neighbors with those who had the courage to leave behind a more authoritarian regime, brave the unknown, and better themselves.
            “We” should be true to our self image, our pride in the unique ideal that made us the greatest nation in the world, and not change to emulate all the other stagnant economies.
            “We” should continue the American Dream, sanctuary from political oppression.

          • Bravo !!!

    • This is not other countries so a very poor analysis. If we take such a position we have already lost everything !

  • livid american

    You can thank barry and spineless repubs for the sad state we find ourselves in. Ignoring our immigration law is what led us to this point. Next time you get held up by a checkpoint, thank a democrat.

    Find them, deport them

  • RED

    Random check points not near or at an active border crossing? Assuming all of the facts presented are correct without significant omissions, the only other “loser” is the American Taxpayer who is forced to pay the bloated salary and benefit package of these uniformed government employees! Put them at active border crossings (Unless this photo is at the border of Montreal and we have some immediate urgent “issues” there? )

    • One thing is for sure, if we actually had policies to stop illegal immigration at the border none of this would be necessary by any standard now would it ? So again another ruse of the broken system we call government taking place ! Most people do not even realize BHO and crew deliberately made all border agencies stand down and or protect illegal aliens and assist them ! That is an absolute fact. So this is all quite sickening and a serious jab in the eye with a dull stick to real legal citizens who must endure such insanity.

      Also all of these officers who claim they must do what they are told even if they know it is quite illegal and wrong are traitors and nothing more than criminals themselves for going along with it all. They all took an oath ! Their jobs are not as important as the underlying issues, not even close. What about all of our jobs, are they also important or just the government union employess ? And how are these border guards actions any different than when police stand down and people are attacked because a liberal mayor orders them to stand down and they use the excuse of we have to keep our jobs ? Think about , you are being scammed one more time and mind effed by PRAVDA/MSM to manipulate you again !

      Please note the officer in the photo is standing on a rubber pad so he will get physically stressed, WTF ?

      • SnakePlissken

        In Socialism, everyone works for the government. It is the duty of the proletariat (us) to fund their salaries and pensions and do what we are told.

        • Socialism is just another fraud mechanism to control idiots who cannot think or do for themselves. They are my enemies and one day they will feel the response of their insanity and destruction BHO created. That day is not far off.

      • RED

        Yes….the rubber pad was one of the first things I noted!
        Most of them should be laid off so they can find a real job that is productive.

        • I edited the comment to read he will NOT get physically stressed ? NO doubt , it is all a serious bad joke on all of us from BHO and crew

  • autonomous

    The very strange case of xenophobia vs need to expand the tax base, racial purity vs greed.

    • aj54

      the “need to expand the tax base” is a red herring

      • mike2000917

        Yes, in the case of the illegal aliens, it is not expanding the tax base but consuming more taxes through the benefits they currently received and the additional ones they will receive after an amnesty.

  • Living_Commentator

    If those checkpoints were illegal wouldn’t that be like fast food for every laywer? I mean it should be fairly easy to have those cases be thrown out because the evidence had been aquired illegally.

    • Don Duncan

      The law applies to citizens, not the govt. Who says so? Sure as hell, NOT the govt. That would be honest and honesty does not serve govt. It is their worst enemy. Propaganda is their friend.

      However, I predict the day is coming when the govt. can admit to all, and the populace will still support it. Look at N. Korea, Nazi Germany, Stalinist USSR, and Mao’s China. Obedience, however suicidal, is the historical norm. America “was” the exception. TPTB are “fixing” that problem, slowly, one mind at a time in the public schools.

      • Living_Commentator

        Illegally gained evidence is usually not permittable in court. Every laywer would gladly argue in this manner and the case will most likely be thrown out. So again, what I do not understand is why the laywers of the immigrants, pot users and others who got found out at these illegal checkpoints are not using exactly this argument. Or do they?

        • Keep in mind that lawyers–every single one of them–are “allowed”, by the courts themselves, to practice their profession in the courtroom. Getting disbarred means losing all the investment in education and finding another profession–or washing dishes.

          • Living_Commentator

            Yes, correct. But this still does not answer my question. The government and their helpers have been sued zillion of times in the past and the plaintiffs have of course been represented by laywers – often providing some boost to their careers.

          • Don Duncan

            Lawyers quickly learn to separate legal theory from legal fact (practices of the justice system). For example, judges can make a ruling without merit that favors the govt. This tends to further their career, especially if the justification is obscure (confusing) enough to be hard to follow. It defies explanation and that leaves people who “want” to believe in govt. the option of granting it as “reasonable” and legal precedence. On appeal it is held up and the state is stronger, the “appearance” of justice is preserved.
            This is what happens when one branch of govt. is supposed to limit another. All branches vie for more power and they work together to achieve it. It is portrayed as “checks/balances” but that is propaganda. Legal scholars have pointed out this convoluted (irrational) pseudo-reasoning and their works are suppressed.
            This is the most effective method of mass control. It keeps the illusion of justice from being exposed with a minimum of force.
            What you see as legally clear is irrelevant in court. It is the system that decides what is what. And it has the final say so, not reason. This is what Washington meant when he said “Govt. is not reason, it is force”.

          • Living_Commentator

            Yes, a judge can do a lot of things, even dismiss the motion to null any evidence because it was aquired illegally. He or she can do that, at least in many cases. But what you call legal fact is to not consider any evidence aquired illegally. So laywers stand a good chance to free their clients from any alleged wrongdoing or jail if they show that the evidence was aquired illegaly. So that’s what they should try. And exactly that was my question: Have they try it and were they successful?

          • Excellent points, Don. Thank you!

          • Yes, “in the past”. During my lifetime, I have seen a diminishing of the number of “star lawyers” (such as F Lee Bailey and even the fictional “champions of the people”). Such lawyers are a nuisance and embarrassment to government and are simply and deliberately being squeezed out of the system. I have read of the murders of doctors who oppose government mandated vaccines. It makes me wonder if up-and-coming “star” lawyers (Vince Foster?) are perhaps not as news-worthy.

        • DjangoCat

          Watch out for the hanging judge. He can make life miserable.

        • Don Duncan

          “We the People” do not decide what is “illegal”, our rulers do. Once the govt. is created, it consists of an elite who define legality and justice, enforcing their rulings with violence. As time (decades) go by, the rulings become more and more draconian. That is how power grows. A century ago if you told the average American that “an inalienable right” was ruled by SCOTUS to be waived to the govt. if not insisted on, that would be laughed at as a contradiction of the word “inalienable”. The only govt. created for the specific purpose of protecting rights was the American govt. This is true even if the person is unaware of what a right is. The govt. still has a duty to protect all, in spite of SCOTUS ruling otherwise. SCOTUS cannot invalidate the Declaration of Independence or the American Ideal, even though they try like hell.
          It is up to the public to stop them. Just stop giving them any respect or authority. Boycott them before they destroy us.

          • aj54

            SCOTUS gave personhood to paper people, then said they had ‘human’ rights’; the Congress gave away our right to Constitutional money. The Patriot Act ended the writ of habeus corpus, and allowed Americans to be subject to extraordinary rendition, the Posse Comitatus is long dead. Boycott who?

          • Don Duncan

            Don’t forget the coup de gras for rights, the NDAA.

            Boycott those who claim moral or political authority.

            The state authority is an illusion based on myth/lies, just as the divine right of kings was.

          • Living_Commentator

            Once again – I subscribe to everything you say, but it still doesn’t answer my question.

  • eyesofgod

    Once again, good call, Joe. There are just so very many of these little injustices in our current culture (BIG ones, too, of course), and they’re increasing all the time. The frustration level rises, accordingly. We must continue to find ways of avoiding these gov’t criminals and their lackeys. Everyone wants a better and higher way of life, including the so-called “aliens”. John Lennon’s “Imagine …no countries” may not be so far off—if we keep this vision of higher consciousness in mind and in heart.

  • aj54

    why would people staying 6 months on a visitor’s visa have enrolled their children in school? It sounds like they intended to illegally take up permanent residency, violating both the spirit and the letter of the law.

    • U.S. law requires ALL children to be educated, citizen or not.

      • aj54

        that enrollment cannot then be used as an excuse to overstay a visitor’s visa! having your cake and eating it too? well stop inviting the illegals to share my cake…..

        • Don Duncan

          Dennis was explaining human action, not making a legal argument.
          But since you seem to be in love with the law and law abiding, did you know the average citizen commits 3 felonies a day, without even knowing it. And remember, “ignorance of the law is no defense for breaking it”. Nice for those in control, hey?

          • aj54

            The whole point of this article was to imply the stops were unconstitutional (they are not), and yes, I love the Constitution, and hate it’s encumbrance by SCOTUS as well as nitwits

          • The article does not “imply the stops were unconstitutional”. It very EXPLICITLY STATES “Americans’ Fourth and Fifth Amendment rights were violated” and provides details.

          • aj54

            are you trying to stalk me?

          • Barney Biggs

            Until I see if you are man or woman and what you look like
            and bust size etc. I really could not say.

          • aj54

            I don’t think the author of this article is the final authority on the roadblock in question. Are you a lawyer?

            https://www.quora.com/U-S-Constitutional-Law-How-do-roadway-checkpoints-not-violate-the-4th-Amendment

            https://www.roadblock.org/learn/cases/

        • You asked a question, I gave you the answer. I said nothing about excuses.

          It seems to me that you are just looking for excuses to vent your hatred of people who were not born in the USA–and probably many who were.

          • aj54

            I am not a cop, I am not right wing, I am independent but not libertarian, I voted for Bernie; any other boxes you would try to fit me into? I am not entirely descended from immigrants, but am still proud that I had ancestors at Jamestown and Plymouth Plantation.
            So now it’s your turn, unless your excuse is you only like to spew at those who don’t share your views. And I stand by my remark that ‘visitors’ don’t enroll their children in school and then fail to leave when their allotted time is up.

          • mike2000917

            I don’t see a hate for anyone but it’s apparent that you hate the citizens of this country.

  • georgesilver

    Another in a regular series about the United States of Atrociousness.

    After this continuing propaganda and marketing, job who in their right mind would actually want to go to the USA?

    The place sounds like a prison camp with really bad food and everyone with a bad attitude.

    Joe Jarvis is obviously the director of marketing and sales.

    • Don Duncan

      Take a poll. The U.S. Empire is a paradise land of the free, until you run head into “the law” and expect justice. Then suddenly it is hell. But then it’s too late.

      • DjangoCat

        “Paradise” to lure the rightless slaves in, then harrassment along with all the other debt slaves.

  • SnakePlissken

    I wonder how much taxpayer money was wasted on this checkpoint.

    • DjangoCat

      Times coming to exercise civil disobedience. Withhold cooperation.

      • Don Duncan

        People are stopping but refusing to comply with unlawful demands. I commend them for their bravery. They are at great risk. Every time they exercise their rights, they are a beacon and a lesson in courage.

  • SnakePlissken

    These checkpoints have nothing to do with immigration. They have the same goal as the TSA that grabs your junk in airports. The federal government is demonstrating that they can do anything they want to you, and you can’t do anything about it. Get used to it, because they’re coming to bus terminals and train stations next.

  • SnakePlissken

    We rely on illegal immigrants for cheap labor. They’re effectively slaves. ICE is there just for show. They throw some back every now and then to make it look good, but businesses and politicians know we rely on wave after wave of cheap obedient workers.

    • aj54

      who is the ‘we’ you refer to, unless you own a corporation or small business illegally employing them or are a politician taking corporate bribes? Most Americans do not want the illegals here, and want the legal flow slowed way down….

      • SnakePlissken

        ‘We’ refers to US businesses and consumers. We don’t ask questions about how restaurants and farms are able to keep prices down, we just want cheap stuff and don’t want to do those jobs ourselves. Illegal immigration is just how the media and politicians manipulate you.

  • mike2000917

    I care far about the abuses at the airport than I do about some perceived abuses to people that have no right, absolutely no right, to be here. Good for ICE. Enough of these actions and they won’t even be necessary after a while due to the affects of deterrence.

  • Victor Doyle

    Evidently you or your staff have never been in foreign country on a visa? I day and you are jailed! They start looking for visas over the limit 24 hours after they expire! Try to leave Turkey on an expired visa – you will spend the next week in a Turkish jail.
    Better yet try Saudi Arabia with out a visa! Lock you up till the US embassy can get you out! Days and weeks.

  • Praetor

    I would be pissed right of the bat, traffic jam and then all I had to do is say I was born here, jeeze. Of course it violates the 4th, the Constitution has been void for quite sometime now. No constitution No middle class No to a lot of things that once were, you tell me what’s going to happen. I’d say be prepared for anything is the only option.!!!

  • Rosicrucian32

    These checkpoints are nothing new. They do it all the time well inside US borders in the southwest. If you are in those areas where checkpoints exist, I suggest you become adept at using your cell phone video capabilities to be able to record the incident

  • Spanky Lee

    Camp Pendleton Marine Corps Base between San Diego and Orange County California: Since the 1970s, US Border Patrol has operated a major traffic checkpoint on Interstate 5, an eight lane transcontinental freeway. At various and changing times during the day and night, all freeway traffic must come to a halt, queue up and submit to visual and sometimes physical search of the vehicle. The logic in the location is that it is impossible to exit the freeway for over 10 miles in both directions.
    The reality is that people who work across the San Diego/Orange county lines must submit to hundreds of these ‘inspections’ every year. Citizens who are hispanic bear a much higher burden.
    AND IT DOES NO GOOD. Never has, never will.

  • Bruce Schnizlein

    Checkpoints have been upheld by the supreme court back in like 1990. Where have you been?

loading