A 'reasonable distance?' Why U.S. Border Patrol can operate deep into Vermont

Correction: Several Border Patrol checkpoints in Vermont in 2019 were located on the Sandbar Causeway that connects South Hero and Milton. The location of the checkpoints was incorrect in an earlier version of the story.

Miles from the U.S.-Canada border, drivers in Vermont may see bright yellow signs that say "Enforcement Zone" and border patrol agents stopping cars. 

By law, Border Patrol agents with U.S. Customs and Border Protection are able to set up these checkpoints within 100 miles of the U.S. border, which includes the border with Canada, Mexico and the oceans. 

As a result, this distance includes most of Vermont. 

Several checkpoints were set up earlier this year on the Sandbar Causeway that connects South Hero and Milton. Other more recent checkpoints have been closer to the border, according to posts on Facebook from the American Civil Liberties Union in Vermont and Migrant Justice.

So what can Border Patrol currently do in Vermont?  

What is Border Patrol's jurisdiction?

U.S. Border Patrol has national jurisdiction to enforce federal laws and make arrests, according to U.S. Customs and Border Protection spokesman Michael McCarthy. 

U.S. laws also give immigration officers the authority to — without a warrant — board any vessel within territorial waters of the U.S., or any railcar, aircraft, conveyance or vehicle, or conduct a checkpoint to search for illegal immigrants within 100 miles of the border.  The law defines that distance as "reasonable."    

McCarthy said there are parts of Vermont that do fall outside of the 100-mile distance, but did not say which parts. A map published in May 2018 by CityLab shows that parts of western Bennington County and southern Rutland County may fall outside that distance.

Border Patrol also patrols international waters, including Lake Champlain, McCarthy said. 

What types of enforcement can Border Patrol carry out in Vermont?

McCarthy said Border Patrol enforcement can include checkpoints, foot patrols, roving vehicle patrol, plain clothes duty, unmarked patrol, the use of dogs, and transportation checks. They also have arrest and detainment authority suspected immigration law violations.

McCarthy wrote that Border Patrol does not reveal what may lead the agency to conduct a search of personal property. But, he said, that all the checkpoints and Border Patrol actions "operate in accordance with the Constitution of the United States and governing judicial rulings."

Related:A border checkpoint in Vermont draws attention of ACLU, which offers breakdown on rights

What can people expect at a Border Patrol checkpoint?

Generally, Border Patrol agents will ask people about their immigration status, travel plans or luggage. If suspicion of an immigration violation arises, the agent may refer a vehicle to a secondary inspection station.

If an agent has reason to believe a person is in the country illegally or has violated a federal law, the agent may question or, in some cases, temporarily detain the person to obtain further information and review the person's immigration or criminal record, McCarthy said. 

Immigrants should carry proper documentation documents showing their right to be or remain in the U.S., McCarthy said. However, U.S. citizens are not required to carry proof of their citizenship.

Related:'Why not have it in Vermont?' How ICE’s nerve center landed in Williston

Should the 'reasonable distance' be 25 miles instead of 100? 

Vermont's federal congressional delegation says yes. 

Sen. Patrick Leahy was one of the legislators who re-introduced a bill this year limiting Border Patrol's ability to stop and search vehicles without a warrant from to within 25 miles from the border. 

“‘Show me your papers’ are words that you should never hear once inside the United States," Leahy wrote in a statement in July.

He added that government agents should not subject Americans to questioning or detention unless they have a legitimate reason, including reasonable suspicion or probable cause that a crime has been committed. 

Rep. Peter Welch also announced in July that he had introduced an identical bill in the U.S. House of Representatives.

“We must strike a better balance between protecting our national security and preserving our constitutional rights," Welch wrote in a statement at the time.

When asked for a response to that effort this week, McCarthy called the checkpoint operations a "vital tool for U.S. Border Patrol's national security efforts."

He said it would limit the agency's authority to patrol the border, it would embolden transnational criminal organizations, and empower other criminal organizations.

Contact Elizabeth Murray at 802-651-4835 or emurray@freepressmedia.com. Follow her on Twitter at @LizMurrayBFP.