Advocates argue that asking Greyhound passengers about their citizenship can be unconstitutional and involve racial profiling.
CBP does keep data on apprehensions by sector, which have increased in most of the northern border sectors since 2016. But the numbers remain low. In the sector that covers Maine, apprehensions doubled from fiscal year 2016 to 2018, up from 25 to 52 people.
Immigration court, which operates separately from the main federal court system, has long been stretched to its limits. Earlier this year, the immigration court backlog passed more than 890,000 cases, with less than 450 judges in the system to hear them. He said he had two forms of identification, which he showed to the Border Patrol agents. They were skeptical about the documentation, Elshieky recalled, telling him,"illegals fake these all the time." The agents questioned him for nearly 20 minutes before letting him get back on the bus.
Passengers told NBC News and reported to advocates or said in court documents that they often felt physically intimidated during the encounters. Elshieky described an agent leaning across his seat while questioning him after he said he was not a U.S. citizen. Phelan said the agents blocked the aisle both times she was questioned. Sharifi reported the same.
In six arrest reports from a four month period in 2017, obtained through public records requests by the University of Washington Center for Human Rights, Border Patrol agents describe the process identically. Two agents boarded a bus at 5:15 p.m. on six different days. One went to the back and"began to ask each passenger as to their citizenship.
Checks happen on Amtrak trains as well, though there have been fewer reports. When asked about the checks, Amtrak said via email that all passengers over 18 must carry identification and that the carrier"cooperates fully with federal authorities and federal law."
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