Border Patrol Tactics & Rights Suppression in the Americas

Examining Border Patrol tactics against activists.

By Darius Spearman (africanelements)

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CBP Extreme Vetting Policies: A Closer Look

Under the Trump administration, U.S. Customs and Border Protection (CBP) significantly ramped up its enforcement game. This intensification fell under the umbrella of “extreme vetting” policies. Consequently, these policies led to individuals being detained even for minor issues related to their visas (Gands). Border agents also began advising travelers to limit what they post on social media while undergoing inspections, hinting at increased digital scrutiny.

Extreme vetting often involves enhanced screening, sometimes targeting people from specific regions like Muslim-majority countries. A key component is intense social media scrutiny. Visa applicants may be asked to provide passwords to private accounts or social media handles. Indeed, Immigration and Customs Enforcement (ICE) has monitored these platforms to flag content (Brennan Center; ILCM). Furthermore, applicants face extended background checks, requiring them to provide 15 years of travel, work, and address history, much more than usual (ILCM; WOLA). A program called CARRP secretly delayed or denied benefits based on undisclosed criteria, primarily affecting applicants from Muslim-majority nations, which eventually faced legal challenges for being discriminatory (American Immigration Council; WOLA).

Border Patrol Tactics: Violence and Overreach

The Border Patrol agency itself has a troubling history marked by violence and exceeding its authority. Documented incidents include unlawful arrests far from the border, such as in Portland and El Paso (ACLU). Often, these actions occurred without meaningful accountability for the agents involved. Regrettably, these events aren’t isolated; they seem to reflect deeper, long-standing systemic problems involving abuse directed at marginalized groups, including immigrant communities.

Communities located near the border have consistently faced disproportionate targeting by Border Patrol. This manifests as militarized over-policing and secretive, sometimes violent, arrests, as seen in El Paso and Portland (ACLU). Although the provided sources do not explicitly define “militarized over-policing,” related tactics offer a clear picture. Significantly, these include expanded surveillance, like ICE using automated tools to monitor the internet and identify people for deportation (Brennan Center). Additionally, aggressive enforcement under “extreme prosecution” policies means increased scrutiny for all undocumented immigrants and even legal residents (ILCM).

Post-Biden Policy Shifts: Impact on Asylum Seekers

More recently, significant shifts in border enforcement priorities have occurred following policy changes under the Trump administration. One major change was the abrupt termination of CBP One appointments, a system previously used by asylum seekers (WOLA). This move had a dramatic and immediate impact.

The numbers clearly show the effect of ending CBP One appointments. Encounters at ports of entry plummeted by 90%, dropping from 32,346 in January to just 3,362 in February (WOLA). Consequently, this restricted access seems to have altered the demographics of those encountered. Single adults made up 83% of encounters in January, compared to only 10% family units and 7% unaccompanied children. Parents with children were reportedly more likely to use the CBP One system to seek asylum, suggesting the policy change disproportionately affected families seeking protection (WOLA).

Undocumented Migration and Self-Deportation Pressures

Alongside the termination of asylum appointment systems, new tools emerged that appear to shift the focus away from formal protection claims. A new “CBP Home” app was introduced, which encourages undocumented migrants to self-deport (WOLA). This app essentially replaces previous mechanisms that facilitated asylum claims.

This change aligns with the observed demographic shift in border encounters. The spike in single adult encounters (83% in January) reflects reduced access to asylum pathways, particularly for families who might have previously used CBP One (WOLA). Therefore, the combination of eliminating established asylum processes and introducing tools promoting self-deportation creates significant pressure on undocumented individuals, potentially steering them away from seeking legal protection within the U.S.

Border Patrol Electronic Device Searches & Free Speech

Beyond physical encounters and policy shifts, concerns exist about invasive tactics, such as searching electronic devices. Advocates warn that such searches risk creating a chilling effect on free expression (Gands; ACLU). This is particularly worrisome for individuals involved in activism or community organizing.

The digital activity of activists or organizers might attract unwanted scrutiny from border agents during inspections. While the specific legal basis for these searches falls under immigration statutes, the practice raises serious questions about privacy and the freedom to associate and express dissent (ACLU). Unfortunately, the fear of having personal devices searched and information potentially misinterpreted could deter people from engaging in legally protected speech or advocacy, especially those who are critical of government policies or involved in sensitive work. This possibility represents another layer of pressure faced by vulnerable populations at the border.

ABOUT THE AUTHOR

Darius Spearman is a professor of Black Studies at San Diego City College, where he has been teaching since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.