The whole article is about what at the border actually means.
To be fair, though, I think it is also true that the ACLU is too eager to talk about the "Constitution-Free Zone" as though it is fact. I also agree that people should not simply accept that the Constitution-Free Zone exists. It is definitely not that simple and what would otherwise be 4th Amendment violations should absolutely still be challenged even if they occur within the zone. There is still every opportunity for more good law on this.
https://www.aclu.org/know-your-rights/border-zone
Since the ACLU is largely the origin of this meme, I think that's pretty dispositive.
Importantly: I am (for the Nx1000th time) not saying that federal law enforcement officers won't make abusive claims, or directly abuse the law; they certainly will. As I said in the previous thread, they managed to detain Senator Patrick Leahy more than 100 miles from a border, which, when you think about the implications of the 100-mile-zone, is kind of a feat!
>The federal government defines a “reasonable distance” as 100 air miles from any external boundary of the U.S. So, combining this federal regulation and the federal law regarding warrantless vehicle searches, CBP claims authority to board a bus or train without a warrant anywhere within this 100-mile zone. Nearly two-thirds of the U.S. population, over 213 million people, reside within the region that CBP considers falling within the 100-mile border zone, according to the 2020 census. Most of the 10 largest cities in the U.S., such as New York City, Los Angeles, and Chicago, fall in this region. Some states, like Florida, lie entirely within this border band so their entire populations are impacted.
Which, upon re-reading both of your comments in this thread makes me actually think there is no argument at all and everyone here and the ACLU agree: there is a no consitution zone, it has practical consequences, and it does extend out 100 miles from internal foreign borders.
What I feel like people do here is map everyday abusive law enforcement behavior onto that border search exemption without realizing that what they're actually suggesting is that people should expect (and thus roll with) a "tear everything apart, search under clothes, maximally invasive" border search, which is what the Constitution authorizes at an actual border crossing.
Technically, the entire fourth amendment applies. BUT All the fourth amendment requires is probable cause for warrants, and that searches and seizures be reasonable. It doesn't require warrants for searches or seizures (although courts have found that that is usually necessary for reasonableness), and it doesn't require probable cause for searches or seizures without a warrant (though courts have found that that also is usually necessary for reasonableness.)
What the courts have allowed is the use of the border zone to justify exceptions to a lot of the things that are usually required for reasonableness. This isn't, technically, an exception to the Fourth Amendment, because searches still need to be "reasonable". Its just proximity to the border makes searches "reasonable" that wouldn't be anywhere else.
I'm doing ["border search" "miles" site:uscourts.gov], getting cases --- recent cases, including some with cites to Ameida-Sanchez, which of course makes my point --- and not seeing much to suggest that CBP can randomly search random cars in Green Bay WI under the border search exemption.
And now here we are with most of the population of the USA without rights and the president able to declare anyone left a terrorist and use the military against them.
(1*: https://en.wikipedia.org/wiki/Killing_of_Abdulrahman_al-Awla... )