The Prison-Wall

Legal Considerations

According to the U.S. Department of Justice, the Immigration and Nationality Act of 1953 allows warrantless entry into and search and seizure of private property and stop and search of individuals within one hundred miles of the Mexican border, including at checkpoints operated by the state.

In addition, the U.S. Department of Justice has also ruled that detention centers operated outside the territory of the United States are not subject to the laws of the United States of America or the jurisdiction of its courts.

Due to the potential conflict between the need for warrantless search, seizure, and detention and the Fourth Amendment of the U.S. Constitution, the Mamertine Group proposes that the prison-wall be constructed by Mexico on the Mexican side of the border on land then leased indefinitely to the United States. A new treaty with Mexico will allow for unimpeded operation of the prison-wall by the United States, following the model of the Guant√°namo detention facility in Cuba.