Civilian Patrols Along the Border: Legal and Policy Issues

Publication Date: April 2006

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Population and demographics

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Abstract:

Civilian patrols along the international border have existed in a wide variety of forms for at least 150 years. Over the past 15 years, civilian border patrol groups appear to have proliferated along the U.S.-Mexico border, partly due to the increasing numbers of aliens entering the country illegally. In the spring of 2005, attention focused on these civilian patrols, when the "Minuteman Project" mobilized hundreds of volunteers along the Arizona-Mexico border to observe and report the movement of illegal aliens to the U.S. Border Patrol. Although some participants were armed, Minutemen volunteers were instructed not to engage in hostile confrontations with any illegal alien. Organizers of the Minuteman Project have expanded the Project to the other southwestern border states and Canada and have split the mission into a border defense corps and an internal vigilance operation that monitors businesses and government. A new nationwide Minuteman Project began in April 2006.

The activities of the Minutemen sparked a national debate on the legality and effectiveness of such civilian action along the border. Some questioned, for instance, the authority that allows civilians to undertake immigration-related enforcement activities and the legal status of a volunteer (i.e., private vs. federal actor). Others suggested that the Secretary of the Homeland Security should "deputize" the Minuteman volunteers or other private citizens so that they may play a larger and more regulated role. Some in the 109th Congress introduced bills that would authorize and expand civilian patrols along the border. Others in and outside of Congress were concerned with the effect that civilian border patrols might have on current border dynamics and enforcement operations.

Civilian border patrols would seem to be private actors since they are not operating under the color of federal or state law or at the behest or direction of federal or state authorities. As private actors, civilian patrols appear to have the right to gather and conduct some of their activities under a combination of constitutional and common law rights and privileges. Some of these rights and privileges have been codified in state law and provide quasi law enforcement authority. Civilian patrols would still have to abide by state and federal laws. There does not appear to be authority under the INA for the Secretary to "deputize" civilians to enforce immigration law, though some activities may not necessarily require an authorization.

This report provides a history of civilian border patrol groups, with a focus on those groups operating along the southwest border, including most particularly, the "Minuteman Project." It also addresses some of the legal and policy issues (as mentioned above) that have surfaced from civilian activities at the border. The report concludes with summaries of legislative proposals that have been introduced in the 109th Congress that address the issue of civilian border patrol groups. This report will be updated as warranted.