Item — HN Reader

Yes, someone in customs at an airport can be treated as functionally “at the border” with reduced protections.

But you are conflating seeking entry with being present inside the country. That’s the legal line, and the Supreme Court has stated it clearly. “once an alien enters the country, the legal circumstance changes, for the Due Process Clause applies to all ‘persons’ within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent.” [0]

As for the First Amendment specifically the Supreme court has reversed the deportation order of an Australian labor activist due to alleged Communist Party affiliation, concluding that “freedom of speech and of the press is accorded aliens residing in this country” [1]

The Geneva detail doesn’t apply. He was on US soil as a lawful visa holder when he attended the protest. It’s a question of where he was when the government action targeted his protected expression not where he was when Google emailed him.

His departure doesn’t retroactively strip the constitutional protections that applied when the conduct occurred.

[0] https://law.onecle.com/ussc/533/533us693.html

[1] Bridges v. Wixon https://firstamendment.mtsu.edu/article/aliens/

> Yes, someone in customs at an airport can be treated as functionally “at the border” with reduced protections. But you are conflating seeking entry with being present inside the country. That’s the legal line, and the Supreme Court has stated it clearly.

At least in terms of being "at the border", United States v. Martinez-Fuerte would appear to disagree.

That legal line you mention is both figuratively and literally not at the border; protections are weakened up to 100 miles away.

Most people in the USA live within 100 miles of the border. That 100 miles limit was chosen for a purpose, to weaken protections for most US citizens.

the 100 mile limit was chosen because its ~2 hour drive at 60mph, assuming some stop lights and on-ramps.

someone jumps the fence or is smuggled in via truck, etc., then CBP has maybe a couple hours to track them.

So glibly handing over your rights, and even going out of your way to defend it.

It’s a little more annoying coming from the country that goes on and on about its freedom.

this is a bot

If only the US would follow its laws or constitution

It's not specific to US, those aren't enforced in most EU countries (eg. it's quite obvious in France).