This is like the police stopping every car on the high-way. There has to be some probable cause. They cannot simply ask everyone for ID.
Have you ever driven out of San Diego?
About 30 miles north the border patrol has a checkpoint with little booth on each lane. You must slow down and they look into each car before waving you through.
The Supreme Court ruled this is legal many years ago.
There are only a few roads out of San Diego and I understand they put up check points on every one of them, but the one on Interstate 5 is the biggest.
So even this legal criteria wasn't met.
It's likely though that even without her, the people on board would have known this if they were bent on trouble. Innocents would be the likeliest ones to be hassled. Which is a mess, and once more points to why we need a good wall.
They cannot physically stop every car on the road and ask for a license or ask if you have drugs/illegal stuff in the car without probable cause. What they are really looking for is someone to make an illegal U-Turn or exit the road off the shoulder which gives them the right to really stop you. All they can do is slow you down and look for illegal items that are in plain sight.
Guam does this on holidays. They set a radar trap and stop everyone who is even slightly over the speed limit. (Hint they will tell you you were over the limit whether you were or not)If you have no open beer or are not chewing betel nut they then let you go without a ticket.
What you have described on a road would be analogous to having and ICE agent stand beside the door of the bus and look at everyone who is boarding. Yeah, obnoxious but legal.
The police do not have the right to stop everyone and ask for ID. They cannot enter a bus and ask everyone for ID.
Coming east out of El Paso, they photograph the license plate and the driver (maybe the front passenger, as well). We got waved through, some folks are diverted for a conversation. We had taken our passport cards just in case. Never go to La Frontera without them.
I don't think the issue ever got to SCOTUS, but the 9th Circuit upheld this-- but only within a certain number of miles of the border.
seems to me I 15 is worse
seems to me I 15 is worse