LANSING, Mich. — A recent U.S. Supreme Court decision limits the ability of individuals to sue federal officials.
The decision involved U.S. Customs and Border Protection agents, who have a lot of power in Michigan because they have the broad authority to operate within 100 miles of any U.S. border.
"There are like a ton of states that fall fully within the 100-mile zone. So for example, Michigan is one of the states that entirely falls within a 100-mile zone," said Monica Andrade-Fannon, an attorney for the American Civil Liberties Union of Michigan.
The 100-mile border enforcement zone is an area within 100 miles of any international border or waterway.
"I think a lot of people would be surprised to learn that even people that live in Traverse City, for example, live in a border zone," said Andrade-Fannon. "That's because of the way that the Border Patrol interprets their authority."
The issue with this zone, Andrade-Fannon says, is that Border Patrol agents can operate anywhere within it, and her team's recent researchshows the agents are not focused on the border, conduct warrantless searches and engage in blatant racial profiling, among many other alarming finds.
"So one quick fact is that U.S. Customs and Border Protection is by far the largest federal police agency, and it has an appalling record of abuse," Andrade-Fannon said.
The Supreme Court ruled in 1971 that a person could sue a federal official individually for violating their constitutional rights, but the Court's decision in a recent case puts limits on that right.
In the case of Egbert v. Boule, Washington innkeeper Robert Boule said Border Patrol Agent Erik Egbert shoved him and used excessive force, violating his Fourth Amendment rights. Boule attempted to sue the agent, but the Supreme Court said no.
It's the latest in a line of cases where the Court's conservative majority has declined to let an individual sue a federal official.
"And so what the ruling does is it leaves victims of police violence by Border Patrol agents without any effective remedy and endangers us all," Andrade-Fannon said.
Justice Clarence Thomas has responded to the backlash against the ruling saying the Court's “cases have made clear that, in all but the most unusual circumstances,” creating the ability to sue “is a job for Congress.”
"The data is clear, they are overstepping, and they are racially profiling," said Andrade-Fannon.
The ACLU of Michigan says they're working to change policy in Michigan.
In the meantime, if you are in a situation where you believe your rights have been violated by law enforcement, they say you can reach out to the Michigan Department of Civil Rights, call the ACLU at (313) 208-7048 or reach out to elected officials and ask for policy change.
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