Detentions Along Northern Border Up: Naturalized Citizens and Students Arrested For Not Having Proper Identification

Much has been written on this blog about increased security on the Southern Border. The Northern Border is another matter.

With the White House and Congress increasing funding for border security the Border Patrol has ramped up enforcement on both the Southern and the Northern Border.

Interior enforcement is nothing new. The Border Patrol has long had jurisdiction in the United States to enforce federal immigration laws.

Those living along the Northern Border are finding that the increase in Border Security is not everything they thought it would be.

New York Times reporter Nina Bernstein in her story Border Sweeps in North Reach Miles Into U.S.  gives a fuller account of  new tensions developing along the Northern Border.

The increase in Border Patrol activity has mostly manifested itself in the train system:

The little-publicized transportation checks are the result of the Border Patrol’s growth since 9/11, fueled by Congressional antiterrorism spending and an expanding definition of border jurisdiction. In the Rochester area, where the border is miles away in the middle of Lake Ontario, the patrol arrested 2,788 passengers from October 2005 through last September.

The checks are “a vital component to our overall border security efforts” to prevent terrorism and illegal entry, said Rafael Lemaitre, a spokesman for United States Customs and Border Protection. He said that the patrol had jurisdiction to enforce immigration laws within 100 miles of the border, and that one mission was preventing smugglers and human traffickers from exploiting inland transit hubs.

This has led to some uncomfortable encounters between Naturalized Citizens traveling domestically:

Ruth Fernandez, 60, a naturalized citizen born in Ecuador, was asked for identification. And though she was only traveling home to New York City from her sister’s in Ohio, she had made sure to carry her American passport. On earlier trips, she said, agents had photographed her, and taken away a nervous Hispanic man.

... and the jailing of students visiting the United States:

But some of the same kinds of students are being jailed by the patrol, like a Taiwan-born Ph.D. candidate who had excelled in New York City public schools since age 11. Two days after he gave a paper on Chaucer at a conference in Chicago last year, he was taken from his train seat and strip-searched at a detention center in Batavia, N.Y., facing deportation for an expired visa.

....and also raised the specter of racial profiling and Arizona's controversial law SB1070:

Another challenge is pending in the 2009 train arrest of the Taiwan-born doctoral student, who had to answer the agent after being singled out for intense questioning because of his “Asian appearance,” he said. His account was corroborated in an affidavit filed this month by another passenger.

Similar complaints have been made by others, including a Chicago couple who encountered the patrol on a train to Poughkeepsie, N.Y., for the woman’s graduation from Vassar College.

“At least in Arizona, you have to be doing something wrong to be stopped,” said the woman, a citizen of Chinese-American descent who said her Mexican boyfriend was sleeping when an agent started questioning him. “Here, you’re sitting on the train asleep and if you don’t look like a U.S. citizen, it’s ‘Wake up!’ ”

With the border increasingly becoming more militarized some see these train stops as a harbinger of worse things to come:

  ...it evokes travel through the old Communist bloc. “I was actually woken up with a flashlight in my face,” recalled Mike Santomauro, 27, a law student who encountered the patrol in April, at 2 a.m. on a train in Rochester.

Across the aisle, he said, six agents grilled a student with a computer who had only an electronic version of his immigration documents. Through the window, Mr. Santomauro said, he could see three black passengers, standing with arms raised beside a Border Patrol van.