For many years, the INS and Customs Service inspectors were “cross designated” so that they could perform initial examinations in each other’s functional responsibilities. …show more content…
With the passage of the Homeland Security Act by Congress in November 2002, the Department of Homeland Security formally came into being as a stand-alone, Cabinet-level department to further coordinate and unify national homeland security efforts, opening its doors on March 1, 2003.
It would be pure ANARCHY if the world’s countries allowed its borders to function unchecked and without repercussions. Included with this statement, it would also be ANARCHRY if a country’s government was not able to make a profit on what was passing through its “controlled” borders. In the book Border Games by Peter Andreas (2009) he states;
“The tightening of controls over these cross-border flows is the most notable exception to the liberalization of the world economy.”
This is because as of now the hottest topic on the “border war” that America is facing is the smuggling of migrants and illegal narcotics (ex. Marijuana, cocaine and heroin). When you hear the statement “open but closed” it is simply implying that borders are open for trade imports/exports; however, there are laws and certain limitations as to what can pass through and be sold in open …show more content…
Functional equivalent of any border is the first practical detention point after a border crossing. A search occurs at the border’s functional equivalent when: (1) a reasonable certainty exists that the person or thing crossed the border; (2) a reasonable certainty exists that there was no change in the object of the search since it crossed the border; and (3) the search was conducted as soon as practicable after the border crossing.6
Under the Fourth Amendment, search and seizures conducted by government agents can be conducted if probable cause is suspected. In the Article Protecting the U.S. Perimeter: Border Searches Under the Fourth Amendment by Yule Kim, Legislative Attorney (2009) he states;
The Fourth Amendment mandates that a search or seizure conducted by a government agent must be reasonable and that probable cause must support a