Lower courts: "Because border patrol agents have limited powers, and their powers do not include state traffic enforcement, the Fourth Amendment is violated when border patrol agents enforce the traffic code."
Orin Kerr
@OrinKerr
Sep 13
Can a federal officer pull over a driver for the state offense of speeding? Can a state or local officer stop or arrest someone for committing a federal immigration offense? I had an article on this set of puzzles a few years ago. You can read it here: papers.ssrn.com/sol3/papers.…

Sep 13, 2026 · 3:54 PM UTC

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Replying to @David_J_Bier
If the federal courts go this way, which does make some sense, I agree… It’s nevertheless trivially easy for DHS to find a friendly sheriff in any state to execute an actual cross enforcement agreement with them and essentially deputize them Then the whole issue is mooted throughout the state, sans additional state law banning that
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Replying to @David_J_Bier
That's why they get highway patrol set up with a radar gun in the usual speed trap zones, and then let the sheriff's office with a 287 (g) agreement stop all the truckers who they think don't speak english.
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Replying to @David_J_Bier
That distinction matters: federal immigration authority shouldn’t automatically become a general license to enforce state traffic laws.
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Replying to @David_J_Bier
You are forgetting probable cause due to evasive behavior.
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Replying to @David_J_Bier
Who cares? Do it anyways
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Replying to @David_J_Bier
Well said!
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Replying to @David_J_Bier
This would be obvious to anyone not a Trump sycophant
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