Belligerent teacher gets detained and schooled after refusing to tell ICE if she’s a US citizen at checkpoint

[rangerrebew]

Belligerent teacher gets detained and schooled after refusing to tell ICE if she’s a US citizen at checkpoint
July 25, 2017 | BizPac Review | Print Article   

 

At least one American middle school teacher fancies herself above the law and there’s ample video to prove it.

In an effort to make a political point, Shane Parmely refused to cooperate with Border Patrol agents at a check point in New Mexico.

Parmely was eventually detained for over an hour after refusing to acknowledge if she was an American citizen.

http://www.bizpacreview.com/2017/07/25/belligerent-teacher-gets-detained-schooled-refusing-tell-ice-shes-us-citizen-checkpoint-517838

[Free Vulcan]

Kinda 50/50 here. I think the FedGov has constitutional authority to have checkpoints at the border and verify legal citizenship or guest status if they desire. Well inside the border it gets dicey, too much of that starts infringing on people's freedom to go about their business w/o govt hassle.

[Texas Yellow Rose]

Belligerent teacher gets detained and schooled after refusing to tell ICE if she’s a US citizen at checkpoint
July 25, 2017 |

Did she have a driver's license???  One look at a driver's license/ ID should easily answer that question for ANYONE .... maybe some day it will.

[jpsb]

Belligerent teacher gets detained and schooled after refusing to tell ICE if she’s a US citizen at checkpoint
July 25, 2017 | BizPac Review | Print Article   

 

At least one American middle school teacher fancies herself above the law and there’s ample video to prove it.

In an effort to make a political point, Shane Parmely refused to cooperate with Border Patrol agents at a check point in New Mexico.

Parmely was eventually detained for over an hour after refusing to acknowledge if she was an American citizen.

http://www.bizpacreview.com/2017/07/25/belligerent-teacher-gets-detained-schooled-refusing-tell-ice-shes-us-citizen-checkpoint-517838

She blocked me!

[ABX]

Kinda 50/50 here. I think the FedGov has constitutional authority to have checkpoints at the border and verify legal citizenship or guest status if they desire. Well inside the border it gets dicey, too much of that starts infringing on people's freedom to go about their business w/o govt hassle.

I agree. This was not at a border, but well within the US. One can refuse to answer questions per the 5th Amendment. Being on the road, if stopped for cause, if he was driving, the only legal thing he has to provide is proof he is legally licensed to drive and his vehicle is legal (registration and insurance). If he is a passenger, he is under no legal obligation to answer any questions or provide any ID.

The checkpoint issue is even more dicey because they are not being stopped for cause. I've gone through many of these ICE checkpoints in Texas and New Mexico and am usually just waived through with out even a question being asked, but if it gets a bit too 'brownshirty' I would be tempted to cite the 5th Amendment.

The person in this case would have best served herself by just asking in response: "Am I being detained, am I free to go?"  before getting belligerent as ICE technically can't detain without cause and they wouldn't have cause if you ask this first.

[ABX]

Also, from cases and instances in the past as well as citing the border patrol's own policy on this- agents are legally allowed to ask you questions, however, you are legally allowed to not answer them.

https://www.texasobserver.org/border-patrol-takes-no-for-an-answer-at-internal-checkpoints/

[Oceander]

Border checks up to 100 miles inside the border are constitutional. 

[XenaLee]

Belligerent teacher gets detained and schooled after refusing to tell ICE if she’s a US citizen at checkpoint
July 25, 2017 | BizPac Review | Print Article   

 

At least one American middle school teacher fancies herself above the law and there’s ample video to prove it.

In an effort to make a political point, Shane Parmely refused to cooperate with Border Patrol agents at a check point in New Mexico.

Parmely was eventually detained for over an hour after refusing to acknowledge if she was an American citizen.

http://www.bizpacreview.com/2017/07/25/belligerent-teacher-gets-detained-schooled-refusing-tell-ice-shes-us-citizen-checkpoint-517838

If I was a border agent dealing with a 'belligerant' like that I would tell them "Hey, I've got all day to play this game.  Do you?".  lol

[Wingnut]

There are a lot of youtube videos of these types of stops well inside of the USA border.   You don't have to give them your stinking ID.  There is nothing they can do about it either except inconvenience you.  Screw ICE

[driftdiver]

If I was a border agent dealing with a 'belligerant' like that I would tell them "Hey, I've got all day to play this game.  Do you?".  lol

In my travels the worst and most rude border agents I've ever dealt with were US border agents. 

If I'm at the border then I'll cooperate.  If I'm driving down the highway they can KMA.

[thackney]

Border checks up to 100 miles inside the border are constitutional.

For other's reference:

https://www.aclu.org/other/constitution-100-mile-border-zone

8 U.S.C. § 1357(a)(3) addresses CBP officials’authority to stop and conduct searches on vessels, trains, aircraft, or other vehicles anywhere within “a reasonable distance from any external boundary of the United States.” Without further statutory guidance, regulations alone expansively define this “reasonable distance” as 100 air miles from any external boundary of the U.S., including coastal boundaries, unless an agency official sets a shorter distance.1CBP agentscan also even enter private property without a warrant (excepting dwellings) within 25 miles of any border. In this 100-mile zone, CBP has claimed certain extra-constitutional powers. For instance, Border Patrol claims the authority tooperate immigration checkpoints. Agents, nevertheless, cannot pull anyone over without "reasonable suspicion" of an immigration violation or crime (more than just a "hunch"). Similarly, courts have determined that outside of Ports of Entry Border Patrol cannot search vehicles in the 100-mile zone without a warrant or "probable cause" (a reasonable belief, based on the circumstances, that an immigration violation or crime has occurred).



Roughly two-thirds of the United States' population lives within the 100-mile zone—that is, within 100 miles of a U.S. land or coastal border. That's about 200 million people.

[ABX]

In my travels the worst and most rude border agents I've ever dealt with were US border agents. 

If I'm at the border then I'll cooperate.  If I'm driving down the highway they can KMA.

The latter is the problem. These checkpoints are not at the border. When I did a cross country road trip last year, from Texas to California, I went through five of these. I was just waived through, but there were many, many people stopped having their cars searched. At the Arizona/California border it is even worse as they will check what you are bringing in or taking out- not looking for your typical illegal contraband, but even if you are carrying produce or other items that may not be properly taxed (going into California). They aren't just checking citizenship or if you are a legal driver.  This is a permanent border checkpoint in the United States, between two States. Let it sink in for a moment.

[truth_seeker]

Border checks up to 100 miles inside the border are constitutional.

There is a border checkpoint near Oceanside CA, maybe 50-70 miles north of the border at Tijuana.

Probably the single most busy border crossing in the US. I think it doubles as a truck weigh station.

Cars are usually waved through, after slowing to 15 MPH or so.

[XenaLee]

In my travels the worst and most rude border agents I've ever dealt with were US border agents. 

If I'm at the border then I'll cooperate.  If I'm driving down the highway they can KMA.

Well... I've never had a problem with any US border agents.  But I did have an encounter with a gunaphobic Canadian border agent once, back in the 90's.... and with a particularly nasty Caracas agent back in the 80's.  Compared to those guys, our agents are probably sweethearts.... mostly.