alt Hacker NewsThis is a blatant and direct violation of the Fourth Amendment.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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This has not been true since 1977 at the very least, but Fourth Amendment exception at the border has been around for longer than even that.
My understanding is that SCOTUS has held since the 50s that 'the people' means people inside the country, and a border does not count as being granted entry into the country yet, therefore the Constitution doesn't really apply, especially for non-citizens.
https://supreme.justia.com/cases/federal/us/345/206/
> (c) Although a lawfully resident alien may not captiously be deprived of his constitutional rights to due process, the alien in this case is an entrant alien or "assimilated to that status" for constitutional purposes.
And another gem from the same case that is recently all the more relevant:
> Nothing in the Constitution requires admission or sufferance of aliens hostile to our scheme of government.
Meaning they can seize all your stuff and deport you if you criticize the government. Also, immigration lawyers are part of the Executive branch.
You literally have more rights if you successfully cross illegally. This only harms people crossing the legal way. Illegal crossers who are later arrested have protection - any search will require probable cause and a warrant.