Border Zone Reasonableness Restoration Act of 2019

Border Zone Reasonableness Restoration Act of 2019

This bill limits the ability of the Department of Homeland Security (DHS) to conduct searches and related activities without a warrant.

DHS may without warrant board a vehicle for border enforcement purposes within 25 miles of any U.S. border, whereas currently DHS has statutory authority to do so within a reasonable distance of a U.S. border. DHS may exercise such authority in a sector that extends up to 100 miles from a U.S. border upon certifying to Congress the necessity of such an extension.

DHS may not establish warrantless vehicle checkpoints beyond 10 miles from a U.S. border. Such checkpoints may not use race, gender, religion, or sex to any degree, except as descriptions of a specific suspect.

DHS may without warrant access private lands, but not dwellings, for border enforcement purposes within 10 miles of any U.S. border, whereas currently DHS has statutory authority to do so within 25 miles of a U.S. border. DHS may exercise such authority in a sector that extends up to 25 miles from a U.S. border upon certifying to Congress the necessity of such an extension.

An individual harmed by an extension of a maximum distance limitation under this bill may sue in federal district court.

DHS authority to conduct various border enforcement activities without warrant must be consistent with the Fourth Amendment.