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United States Border Control Problems and Possible Solutions

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The Fourth Amendment of the US succinctly states that a person cannot be subjected to unlawful searches and seizures.   Consequently, in order to carry out searches and seizures, warrants must be issued in behalf of the searching party and based on the specific terms set forth in the warrant.   Moreover, evidence or materials gathered from such illegal searches and seizures are inadmissible in court (Kim, p. 2).   Based on the provisions of the Fourth Amendment, some groups claim that border patrols, seizures, searches, and inspections violate the Fourth Amendment of the US Constitution.   Therefore, anything seized from the searches or seizures by border patrol officials cannot be considered admissible in court.   Legal experts however emphasize that such border seizures and searches are based on the police power of the state – in the name of national security – and is superior to the right of an individual against illegal searches and seizures (Kim, p.

2).   This has not however stopped various interest groups from pointing out that the border searches can sometimes be used as a means of abuse and a means of implementing unfair and unjust practices. In the recent implementation of the Arizona immigration laws, the issue of racial profiling has once again been raised.   This is an issue which has been considered a potential outcome of the implementation of the provisions of the Fourth Amendment.   Various interest groups point out that the implementation of searches and seizures is often based on the race of the individuals crossing the borders (Johnson, p.

1009).   The Supreme Court has veered away from definitively settling the issue of racial profiling in relation to the implementation of the Fourth Amendment.   In the case of Whren v.

United States, the SC legalized the application of more, not less profiling in the implementation of border patrol policies.   This case further gave power to police officers to solely depend on racial characteristics in the implementation of border control policies (Johnson, p. 1009).   The practice of racial profiling has been severely criticized by various interest groups because of the practice of some law enforcement officials in making broad and sweeping statements or descriptions in order to justify some of their actions.   For example, they may apprehend or search a person’ s cargo and truck because the driver looks like a Mexican.   However, as pointed out by human rights activists, just because a person looks like a Mexican, does not automatically make him an illegal immigrant, or even a Mexican, for that matter.   Nevertheless, this is how border patrol policies are often being implemented.   An unfortunately, these actions and judgments are often seen not just near the border, but also in America’ s heartland (Johnson, p.

1009).

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preview essay on United States Border Control Problems and Possible Solutions
  • Pages: 20 (5000 words)
  • Document Type: Thesis
  • Subject: Politics
  • Level: Undergraduate
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