Monday, April 20, 2009

Lawyering up the border

Only a lawyer would think that our border officials should  treat travelers who spend three months in Waziristan exactly the same as travelers from Iceland.  But that's apparently what the Asian Law Caucus and the Stanford Law School Immigrant Rights Clinic are proposing.  Anything else would be a "proxy" for ethnic profiling:

CBP officers have also indicated
that they consider travel to high-risk
destinations as a factor warranting greater
scrutiny.40 In theory, this basis for scrutiny
looks to behavior – where people go rather
than who they are ....
Depending on how this factor is applied,
however, use of travel histories could serve as
a proxy for more invidious profiling, since
most travelers to particular countries are
people who have ethnic ties to those

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