Police State Tactics?


Senior Member
Jun 25, 2004
USS Abraham Lincoln
I was never that nervous about the Patriot Act, though I recognized a lot of it as poorly considered wish list items of law enforcement that were passed to the shock of everyone in that community.

This gets my blood boiling though. Plans like this should have the Dems and Libertarians in Congress demanding DHS be gutted for thinking up crap like this.


The response from competent and freedom loving people:

Under the proposed rules, orders by the CBP to common carriers not to transport specific persons
would not be based on restraining orders (injunctions) issued by competent judicial authorities. Instead,
they would be based on an undefined, secret, administrative permission-to-travel (“clearance”) procedure
subject to none of the procedural or substantive due process required for orders prohibiting or restricting
the exercise of protected First Amendment rights. From the authority of law enforcement officers and
agencies to enforce certain types of orders, once lawfully issued by competent judicial authorities, the
NPRM would usurp for the CBP the authority to issue those orders on its own. It’s as though the FBI
were to construe its authority to maintain in the NCIC a list of persons for whose arrest warrants have
been issued by competent judicial authorities, and execute those warrants, as authority for the FBI to
issue and execute its own warrantless administrative arrest orders.
The NPRM would create a clearly invalid administrative presumption, reversing the
presumptions of innocence and of entitlement to the exercise of First Amendment rights, that all those
persons not affirmatively “cleared” in advance by the CBP – according to decision-making procedures
and criteria specified nowhere in the NPRM – are barred from travel.
Couple of questions:

1)What is the CBP?

2)Why did the government need injunctions from judges to transport certain people? Obviously this is some sort of criminal procedure, not exactly an area im familiar with. So im trying to understand this.

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