EPO 2

Question 1

What are the sources of a CBP AMO agent’s authority?

Answer 1

Constitution - Statutes - Regulations

• Constitution (primary source of all government authority)
  
  • Statutes (Title 8 and 19 all for arrest of alien/immigration violations, border searches, arrest for other crimes but can’t authorize beyond constitution)
    
    • Regulations (US regulations that authorize for actions consistent with statutory authority)

Question 2

What are the sources of limitations on AMO law enforcement authority?

Answer 2

Constitution - Statutes - Regulations - Policies - Judicial Decision

• Constitution (Bill of Rights including the 4th and 5th amendments)
  
  • Statutes (ie. Can enter on privates land, but only lands located within 25 miles of blunder of the US)
    
    • Regulations (ie. Limits to opening sealed letter class mail during a border search)
      
      • Policies (polices of the agency that further specifics and limit how an agent is to perform their duties ie. Policies on the use of deadly force and on race neutrality)
        
        • Judicial Decisions (ie Miranda vs Arizona)

Question 3

An AMO’s authority is based on what two things?

Answer 3

Legal Authority (What Congress and/or agency have authorized agent to do)
&
Constitutional Limits (What limits the Constitution places on agents exercising that legal authority)

Question 4

The statutory source of AMO’s authority is _____.

Answer 4

INA 287 - authorizes immigration officers to perform LEO duties

Question 5

8 CFR 287.5 identifies what?

Answer 5

Who CBP LEOs are and gives them arrest authority

Question 6

AMO agents are considered what?

Answer 6

Immigration Officers