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Context of 'October 18, 2005: Border Patrol Ignores Law, Obeys President’s Signing Statement'

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Congress passes a law requiring the Customs and Border Patrol to relocate its illegal immigrant checkpoints near Tucson, Arizona, every seven days in order to prevent smugglers from being able to avoid those checkpoints. President Bush signs the law, then issues a signing statement saying that the Border Patrol should view the “relocation provision as advisory rather than mandatory” because, in his view, only the president has the constitutional authority to decide how to deploy law enforcement officers. As a result of Bush’s signing statement, Border Patrol authorities disobey the law, and explain to investigators from the Government Accountability Office that the law is not mandatory, but “advisory.” White House spokesman Tony Fratto later says in response to the Border Patrol’s refusal to obey the law: “The signing statements certainly do and should have an impact. They are real.” [Savage, 2007, pp. 242-243; Boston Globe, 6/19/2007]

Entity Tags: US Customs and Border Protection, George W. Bush, Tony Fratto, Government Accountability Office

Timeline Tags: Civil Liberties

President George W. Bush demands that Iran “come clean” about its nuclear weapons program or face diplomatic isolation. The director of national intelligence recently released a sweeping National Intelligence Estimate (NIE) that concluded Iran shut down its nuclear weapons research program in 2003 (see December 3, 2007), and since then the administration has attempted various responses to the document. Bush is now demanding that Iran produce details about its nuclear weapons programs which it “has yet to acknowledge.” Bush says: “The Iranians have a strategic choice to make. They can come clean with the international community about the scope of their nuclear activities, and fully accept the long-standing offer to suspend their enrichment program and come to the table and negotiate, or they can continue on a path of isolation.” According to analysts, Bush may be worried the US is losing leverage over Iran, as well as credibility around the world.
Response to NIE and US intelligence community - Bush does not directly criticize the US intelligence community, but says he appreciates its work in helping his officials understand past and present activities in Iran, and helping his administration develop a sound policy towards Iran. Of the NIE, Bush continues to portray it as in line with his own policies and suspicions, saying, “It is clear from the latest NIE that the Iranian government has more to explain about its nuclear intentions and past actions.” Bush says that his administration will continue to push for tougher UN sanctions against Iran. Deputy White House Press Secretary Tony Fratto says that Iran continues to hide information, remains in violation of two UN Security Council resolutions, tests ballistic missiles and is enriching uranium. “Anyone who thinks that the threat from Iran has receded or diminished is naive and is not paying attention to the facts,” Fratto says. [Associated Press, 12/5/2007]

Entity Tags: United Nations, George W. Bush

Timeline Tags: US confrontation with Iran

Two civil liberties organizations, the Electronic Frontier Foundation (EFF) and the Asian Law Caucus (ALC), file a joint lawsuit against the US Department of Homeland Security. The two organizations file under the Freedom of Information Act (FOIA), and demand that DHS make available its records on the questioning and searches of lawful travelers through US borders. The suit follows a large number of complaints by US citizens, immigrants, and visitors who have spoken out about what they term excessive and repeated screenings by US Customs and Border Protection agents (see 2007). ALC’s Shirin Sinnar says, “When the government searches your books, peers into your computer, and demands to know your political views, it sends the message that free expression and privacy disappear at our nation’s doorstep. The fact that so many people face these searches and questioning every time they return to the United States, not knowing why and unable to clear their names, violates basic notions of fairness and due process.” EFF’s Marcia Hofmann agrees, saying, “The public has the right to know what the government’s standards are for border searches. Laptops, phones, and other gadgets include vast amounts of personal information. When will agents read your email? When do they copy data, where is it stored, and for how long? How will this information follow you throughout your life? The secrecy surrounding border search policies means that DHS has no accountability to America’s travelers.” [Electronic Frontier Foundation, 2/7/2008; Electronic Frontier Foundation, 2/7/2008] The lawsuit demands the public release of DHS’s policies on border searches and interrogations. It also demands an explanation as to how far government agents can go in questioning and searching citizens who are not suspected of any crime. The question of whether federal agents have the right to search electronic devices at all without suspicion of a crime is already under review in the federal courts.
Racial or Religious Profiling? - Almost all of the complaints come from travelers of Muslim, Middle Eastern, or South Asian descent. Many of the complainants believe they were targeted because of racial or religious profiling. US Customs and Border Protection spokeswoman Lynn Hollinger denies the charge. It is not her agency’s “intent to subject travelers to unwarranted scrutiny,” she says, and adds that a laptop may be seized if it contains information possibly tied to terrorism, narcotics smuggling, child pornography or other criminal activity. However, a Customs officers training guide says that “it is permissible and indeed advisable to consider an individual’s connections to countries that are associated with significant terrorist activity.” Law professor David Cole asks, “What’s the difference between that and targeting people because they are Arab or Muslim?” [Washington Post, 2/7/2008]

Entity Tags: Electronic Frontier Foundation, US Customs and Border Protection, Association of Corporate Travel Executives, Asian Law Caucus, David D. Cole, Marcia Hofmann, US Department of Homeland Security, Shirin Sinnar

Timeline Tags: Civil Liberties

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