Home -> Law Blog Directory -> Public Defense Blogs -> Fifth Circuit Blog

Public Defense

: Fifth Circuit Blog

U.S. Customs and Border Protection "Inspector's Field Manual" Available On-Line

By Brad Bogan

Thanks to the FOIA efforts of one Charles M. Miller, a California immigration attorney, the U.S. Customs and Border Protection "Inspector's Field Manual" is available for your persual here. As Miller's introduction cautions, "sections . . . may be out-of-date by later changes to the law or policy or may reflect an arguable exposition of the law." Nevertheless, you may find the manual useful when investigating your cases or preparing for trials or motions hearings.

There's some interesting stuff in there. For example, the CBP's understanding of the permissible scope of immigration checkpoint detentions is narrower than the Fifth Circuit's. From section 18.6(e) of the Manual, with emphasis added:

Border Patrol agents can make routine vehicle stops without any suspicion to inquire into citizenship and immigration status at a reasonably located permanent or temporary checkpoint provided the checkpoint is used for the purpose of determining citizenship of those who pass through it, and not for the general search for those persons or the vehicle. Inquiries must be brief and limited to the immigration status of the occupants of the vehicle. The only permissible search is a "plain view" inspection to ascertain whether there are any concealed illegal aliens.

Link via Bender's Immigration Bulletin--Daily Edition.

Full post as published by Fifth Circuit Blog on February 19, 2008 (boomark / email).