"As Disturbing as it is Wrong": The implications of the US Supreme Court’s decision in Egbert v. Boule,

Abstract

The United States Border Patrol has expansive authority to operate in vast areas of the interior, up to one hundred miles from borders and coastlines. In that zone, the Border Patrol can stop vehicles without a warrant, set up checkpoints on interior highways, and use racial profiling in their interactions with migrants and US citizens alike. In the 6-3 decision in Egbert v Boule in 2022, the US Supreme Court removed the ability to sue Border Patrol agents for damages when they violate constitutional rights as long as their actions were carried out during the normal course of their duties. This paper considers the implications of Egbert v. Boule for internal border enforcement in the United States.