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A federal judge in New Hampshire allowed part of an ACLU lawsuit against U.S. Customs and Border Patrol (CBP) checkpoints in three New England states to continue, but invoked a qualified immunity defense saying CBP agents could not be sued. Last year, the ACLU sued the CBP over roadside checkpoints in Vermont, New Hampshire and Maine. The ACLU argued that the CBP roadside checkpoints were conducted for the primary purpose of general crime control and drug interdiction and that they are beyond the scope of the CBP’s authority. “It is unconstitutional for Border Patrol to use interior checkpoints, nearly 100 miles from the border, as a ruse to unlawfully search and seize people for the purpose of general crime control. Yet this is exactly what Border Patrol is doing with checkpoints in northern New England.” ....
A New Hampshire judge allowed part of an ACLU lawsuit against U.S. Customs and Border Patrol (CBP) checkpoints in three New England states to continue. Last year, the ACLU sued the CBP over roadside checkpoints in Vermont, New Hampshire and Maine. The ACLU argued that the CBP roadside checkpoints were conducted for the primary purpose of general crime control and drug interdiction and that they are beyond the scope of the CBP’s authority. “It is unconstitutional for Border Patrol to use interior checkpoints, nearly 100 miles from the border, as a ruse to unlawfully search and seize people for the purpose of general crime control. Yet this is exactly what Border Patrol is doing with checkpoints in northern New England.” ....
ACLU lawsuit over NH immigration checkpoints far from border to proceed Border Patrol agents stop traffic along I-89 south in Lebanon, N.H., on Thursday, Sept. 5, 2019. Agents were stopping cars and asking occupants if they were U.S. citizens. (Valley News - Jennifer Hauck) Copyright Valley News. May not be reprinted or used online without permission. Send requests to [email protected]. A Border Patrol agent asks a Valley News reporter to stop his car during a check point on I-89 in Lebanon, N.H., Thursday, Sept. 5, 2019. The reporter and photographer were asked if they were U.S. citizens. (Valley News - Jennifer Hauck) Copyright Valley News. May not be reprinted or used online without permission. Send requests to [email protected]. ....
Fri, 04/09/2021 - 10:25am tim Vermont Business Magazine The federal district court in New Hampshire ruled yesterday that an ACLU lawsuit challenging Customs and Border Protection’s (CBP) immigration checkpoints in New England may proceed. While an individual CBP agent was dismissed from the case, the court rejected CBP’s argument that the case against CBP should be dismissed. In its decision, the court rejected CBP’s motion to dismiss the case: “Given the recent and recurring history of checkpoints on I-93 in New Hampshire, [the Chief Border Patrol Agent’s] acknowledgment of the checkpoints’ importance to the agency in carrying out its duties, and the extensive planning and approval process that went into the 2017 reinitiation of checkpoints in New Hampshire, the court cannot conclude from the mere fact that no checkpoints are currently scheduled that additional checkpoints are unlikely.” ....
ACLU lawsuit over checkpoints far from border to proceed April 9, 2021 GMT CONCORD, N.H. (AP) A federal judge is allowing a lawsuit challenging the use of checkpoints by the U.S. Border Patrol nearly 100 miles (160 kilometers) from the Canadian border to proceed. A judge rejected a motion by Customs and Border Protection to dismiss the lawsuit in which ACLU affiliates in New Hampshire, Maine and Vermont argue that the checks represent an unconstitutional search and seizure. The ruling was signed on Thursday. “Allowing this case to move forward is critical to stopping CBP’s unconstitutional practice of using immigration checkpoints to unlawfully search and seize people in New Hampshire and across New England,” said Gilles Bissonnette, legal director of the ACLU of New Hampshire. ....