With President Trump promising mass deportations during his second term, many citizens are curious just how much power the U.S. Border Patrol actually has. The truth is that border patrol agents have expanded authority within a designated area known as the “100-mile border zone,” which includes vast portions of the U.S. This zone raises a lot of questions for travelers about what Border Patrol agents can legally do, where they can operate, and how individuals can protect their rights during a border patrol traffic stop.

Understanding the 100-mile border zone

The “100-mile border zone” refers to the area within 100 miles of any U.S. border, including both land and coastal boundaries. This zone covers most major metropolitan areas, including cities like New York, Los Angeles, and Chicago, effectively placing about two-thirds of the U.S. population under potential border patrol jurisdiction. According to U.S. Customs and Border Protection, agents are allowed to operate with increased authority in this zone, though they are still bound by certain constitutional limits.

In this 100-mile zone, border patrol agents have the power to set up checkpoints, stop and question individuals, and search vehicles for immigration enforcement purposes. So such traffic stops don’t need to be right on the border. The Fourth Amendment, which protects citizens from unreasonable searches and seizures, is still in effect within the zone—but with some exceptions. For example, agents do not need a warrant to search vehicles at fixed checkpoints within the border zone.

According to a landmark Supreme Court case, United States v. Martinez-Fuerte, the Court upheld the legality of fixed immigration checkpoints, stating that “stopping motorists briefly at permanent checkpoints for the purpose of determining citizenship status does not violate the Fourth Amendment.” However, the Court also emphasized that stops must be minimally intrusive, and agents need additional suspicion to conduct further questioning or searches beyond verifying immigration status.

Tips for navigating a border patrol stop

If you find yourself stopped by border patrol within the 100-mile zone, it’s essential to know your rights and understand the best practices for interacting with agents. Here are some guidelines to help protect yourself and stay informed during a border patrol stop.

1. Stay calm and composed

Whether it’s a routine checkpoint or an unexpected stop, keeping your composure is key. Border patrol agents are trained to observe behavior, and signs of nervousness or agitation may lead them to ask additional questions.

2. Know what they can ask

At a fixed checkpoint, border patrol agents can legally ask about your citizenship status. You are not required to answer any other questions beyond this. If an agent asks, “Where are you headed?” or “What is the purpose of your trip?” you have the right to politely decline to answer. As noted on the Online Paralegal Programs website, “Most avoidable arrests occur from trickery and intimidation,” often involving citizens consenting to additional questioning or searches.

3. Refusing a search

Border patrol agents can search your vehicle at checkpoints without a warrant, but if you are pulled over outside a checkpoint, the rules are different. You are not required to consent to a search of your vehicle. According to the Online Paralegal Programs website, if an agent says, “If you have nothing to hide, you don’t mind if I look around,” the best response is to stay firm: “I’m sorry, officer, but I don’t consent to searches.” Politely refusing a search will require the agent to either let you go or establish probable cause, which is a higher legal standard.

4. Exercise your right to remain silent

If agents begin asking more probing questions, you have the right to remain silent. You do not have to disclose information beyond your citizenship status. The Online Paralegal Programs website advises saying, “Respectfully, officer, I don’t have to answer that,” when faced with further questioning. Remaining silent or asking if you are free to go can prevent you from inadvertently giving information that may be used against you.

5. Record the interaction, if possible

Laws vary by state, but in most places, you are allowed to record encounters with law enforcement. The Online Paralegal Programs website highlights that “you may legally video and audio record police performing official duties in public,” though it’s important to avoid interfering with the officer’s actions. Recording the interaction can be a useful way to document any rights violations and provide evidence if needed.

6. Avoid making sudden moves

As with any interaction with law enforcement, it’s essential to keep your hands visible and avoid sudden movements, which can be misinterpreted. If you need to reach for something, such as your ID, it’s best to inform the officer before you do so. Calmly say, “I’m reaching for my ID,” to avoid any misunderstanding.

7. Know when to end the interaction

If an officer continues to ask questions or attempts to search without probable cause, you can ask if you are free to go. Saying, “Am I being detained, or am I free to go?” can clarify whether the officer has a legal reason to keep you there. In many cases, if the officer cannot establish reasonable suspicion, they will let you go.

While the 100-mile border zone gives border patrol agents expanded powers, U.S. citizens and non-citizens alike still have constitutional rights. Knowing these rights and how to exercise them can help you stay protected during a stop. With President Trump promising to intensify immigration enforcement, understanding what border patrol can and cannot do within this zone is more important than ever. By following these guidelines, you can navigate a border patrol stop with confidence, knowing what rights you have in the interaction.