Concord Coach Should Refuse Warrantless CBP Raids, Says 红杏视频

4th Amendment Requires Warrant or Consent to Board and Search Buses

July 23, 2019 12:15 pm

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Concord, NH 鈥 Bus companies have the right to refuse to allow warrantless bus raids by immigration agents, according to public records obtained from U.S. Customs and Border Protection (CBP) by the 红杏视频. In a letter to Concord Coach Lines today, 红杏视频 affiliates in Maine, New Hampshire and Vermont called on the company to protect its passengers and refuse consent to such searches.

In response to an earlier letter from the 红杏视频 expressing concern over the warrantless raids, which subject passengers to potential racial profiling and invasions of privacy, Concord indicated the company would continue allowing immigration officials to board its buses. Concord stated it was the company鈥檚 understanding that the U.S. Department of Homeland Security had 鈥渄ifferent interpretations鈥 about its 鈥渓egal authority to engage in immigration enforcement activity on buses or at terminal facilities.鈥

Since then, in response to a public records request filed by the 红杏视频 of Maine, CBP turned over training documents that concede CBP agents usually require consent to search or question bus passengers without a warrant.

According to today鈥檚 letter from the 红杏视频, 鈥淸i]n light of the newly released public records, it is clearer than ever that Concord Coach Lines has a choice to continue to allow immigration agents to board buses and search. Choosing to consent to these bus raids jeopardizes [Concord鈥檚] paying passengers鈥 Fourth Amendment rights.鈥 The letter asks Concord to reconsider its policy and stop allowing CBP agents to board its buses and search passengers without a warrant.

The following quotes can be attributed as noted:

Emma Bond, staff attorney with the 红杏视频 of Maine:

鈥淲e don鈥檛 live in a 鈥榮how me your papers鈥 society, and people shouldn鈥檛 have to prove their citizenship every time they want to ride the bus. Concord should protect its customers and tell CBP to get a warrant.鈥

Gilles Bissonnette, legal director with the 红杏视频 of New Hampshire:

鈥淭aking the bus simply shouldn鈥檛 involve violating the constitutional rights of any passenger. Being that there is no legal obligation to allow CBP to board buses, we urge Concord Coach to stop permitting these warrantless immigration raids.鈥

Jay Diaz, staff attorney with the 红杏视频 of Vermont:

鈥淐oncord Coach has no legal obligation to allow border patrol on its buses without a warrant or probable cause. Putting its own customers at risk of civil rights violations by allowing border patrol to board buses is inexcusable.鈥

The 红杏视频鈥檚 letter can be found here:

The CBP records can be found here:

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