San Francisco Chronicle

Greyhound is asked to adopt sanctuary-like policy.

ACLU demands end to passenger interrogat­ions without warrants

- By Sarah Ravani and Bob Egelko

U.S. Border Patrol agents have been boarding Greyhound buses and questionin­g passengers in their attempts to crack down on illegal immigratio­n, and a prominent civil rights organizati­on wants to put a damper on the practice.

In a letter to Greyhound last week, the American Civil Liberties Union asked the company to adopt what might be described as a sanctuary policy, denying immigratio­n agents entrance to its buses unless they have a judicial warrant for a specific passenger.

The company “should not be in the business of subjecting its passengers to intimidati­ng interrogat­ions, suspicionl­ess searches, warrantles­s arrests, and the threat of deportatio­n,” ACLU chapters in California and nine other states said in the letter to officials of Greyhound Lines in Dallas.

The letter was prompted by several incidents on Greyhound premises or buses in recent months, including at least two in California. In January, Border Patrol agents boarded a Greyhound bus in Indio (Riverside County) and asked every passenger for proof of citizenshi­p, the ACLU said.

In February, the ACLU said, agents boarded another Greyhound bus in Indio and seized a passenger as he was boarding. They questioned him and held him for possible deportatio­n, explaining afterward that they singled him out because his shoes looked “suspicious,” as if he had just crossed the border.

In response to the ACLU’s letter, Greyhound said in a statement that it understood the concerns of the ACLU and bus passengers but said it “is required to comply with the law.” The company cited federal laws allowing immigratio­n officers within 100 miles of the border to enter and search any vehicle “to prevent the illegal entry of aliens into the United States,” and to detain individual­s, without a warrant, based on a “reasonable suspicion” that they were illegally in the country.

“We are aware that routine transporta­tion checks not only affect our operations, but our cus-

“We bus passengers are hoping ... to that inform they have the right to remain silent and decline a search of their possession­s.” Eva Bitran ACLU lawyer

tomers’ travel experience, and we will continue to do everything legally possible to minimize any negative experience­s,” the company said. “Greyhound has opened a dialogue with the Border Patrol to see if there is anything that can be done to balance the enforcemen­t of federal law with the dignity and privacy of our valued customers.”

The ACLU said something can be done: Remind federal agents of the rights of Greyhound and its passengers under the Constituti­on’s Fourth Amendment, which generally requires officers to obtain a warrant, based on probable cause of wrongdoing, before seizing anyone.

“Greyhound has a Fourth Amendment right to deny (the Border Patrol) permission to board and search its buses without a judicial warrant,” the ACLU said in its letter. “We urge Greyhound to change its policy.”

Waiting in the bus station in Oakland for a ride home to Fresno on Tuesday, Shaoyu Pei, an internatio­nal student and F1 visa holder, said he sided with the ACLU.

Pei, 26, said it would be “crazy” if federal agents boarded a bus to search for undocument­ed immigrants.

“I would not feel comfortabl­e with that,” he said. “That would make me angry.”

He said he sometimes likes to sleep on the bus or read a book and the sudden presence of a federal agent would be jarring.

“I don’t want to be searched on the bus,” Pei said. “Sometimes I may not take my passport.” It would be difficult to explain his student visa situation in a tense moment like that, he said.

For Michael Tan, 21, of Oakland, the ability of federal agents to search Greyhound passengers without a warrant felt like an “invasion of privacy.”

Greyhound “is a method of traveling,” he said as he waited to board a bus to Las Vegas. “People don’t use Greyhound because they want to, they use Greyhound because they have to.”

His friend and fellow traveler, Janelle Abela, 21, of Berkeley, chimed in, “Not only invade our privacy, but disrupt our travel.”

The limits of compelled cooperatio­n with immigratio­n enforcemen­t are being tested in federal courts in Sacramento and San Francisco, where the Trump administra­tion is challengin­g “sanctuary” laws of the state and local government­s that restrict federal agents’ access to local jails and workplaces without a judicial warrant.

Eva Bitran, a lawyer with the ACLU of Southern California, said this week that the organizati­on wasn’t asking Greyhound to act as an immigratio­n “sanctuary,” but was calling on the company not to be an enabler of constituti­onal violations. She said she wasn’t sure whether other carriers followed the same policy, but Greyhound was the one “where we’ve heard the most reports of agents on buses.”

Besides encouragin­g carriers to invoke their constituti­onal rights, Bitran said, “We are hoping to inform bus passengers (who are confronted by agents) that they have the right to remain silent and decline a search of their possession­s.” Although the atmosphere may be “very coercive,” she said, passengers can’t be legally arrested for asserting their rights.

Kamryn Bauersfeld, 19, of Santa Barbara, who was waiting to board a Greyhound from Oakland to San Francisco on Tuesday, indicated she hoped that Greyhound would comply with the ACLU’s request.

“It’s terrifying to have an authority figure treating everyone like they did something wrong,” Bauersfeld said. “Everyone on that bus is just living their lives. I hope we’d be better in California to really respect people.”

 ?? Photos by Jessica Christian / The Chronicle ??
Photos by Jessica Christian / The Chronicle
 ??  ?? Top: The Greyhound bus station main entrance in Oakland, where riders said they were not happy to hear that federal immigratio­n agents were questionin­g bus riders. Above: Kamryn Bauersfeld of Santa Barbara waits with her boyfriend in Oakland for a San...
Top: The Greyhound bus station main entrance in Oakland, where riders said they were not happy to hear that federal immigratio­n agents were questionin­g bus riders. Above: Kamryn Bauersfeld of Santa Barbara waits with her boyfriend in Oakland for a San...
 ??  ??
 ?? Photos by Jessica Christian / The Chronicle ?? Passengers at Greyhound’s terminal in Oakland voiced concerns about the reports of ICE agents boarding buses looking for undocument­ed immigrants.
Photos by Jessica Christian / The Chronicle Passengers at Greyhound’s terminal in Oakland voiced concerns about the reports of ICE agents boarding buses looking for undocument­ed immigrants.
 ??  ?? Oakland schedules show California and Nevada bus routes. In some parts of California, federal immigratio­n officers have been boarding buses and demanding riders prove their legal status.
Oakland schedules show California and Nevada bus routes. In some parts of California, federal immigratio­n officers have been boarding buses and demanding riders prove their legal status.

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