Greyhound to stop allowing Border Patrol agents on buses

The company said they were changing their policies after reading a leaked memo confirming that agents can't board buses without company consent


Gene Johnson
Associated Press

SEATTLE — Greyhound, the nation's largest bus company, said Friday it will stop allowing Border Patrol agents without a warrant to board its buses to conduct routine immigration checks.

The company's announcement came one week after The Associated Press reported on a leaked Border Patrol memo confirming that agents can't board private buses without the consent of the bus company. Greyhound had previously insisted that even though it didn't like the immigration checks, it had no choice under federal law but to allow them.

Agents for Customs and Border Protection board a Greyhound bus headed for Portland, Ore., at the Spokane Intermodal Center, a terminal for buses and Amtrak, in Spokane, Wash. (Photo/AP)
Agents for Customs and Border Protection board a Greyhound bus headed for Portland, Ore., at the Spokane Intermodal Center, a terminal for buses and Amtrak, in Spokane, Wash. (Photo/AP)

In an emailed statement, the company said it would notify the Department of Homeland Security that it does not consent to unwarranted searches on its buses or in areas of terminals that are not open to the public — such as company offices or any areas a person needs a ticket to access.

Greyhound said it would provide its drivers and bus station employees updated training regarding the new policy, and that it would place stickers on all its buses clearly stating that it does not consent to the searches.

“Our primary concern is the safety of our customers and team members, and we are confident these changes will lead to an improved experience for all parties involved,” the statement said.

U.S. Customs and Border Protection, which includes the Border Patrol, did not immediately return a call seeking comment.

The memo obtained by the AP was dated Jan. 28, addressed to all chief patrol agents and signed by then-Border Patrol Chief Carla Provost just before she retired. It confirms the legal position that Greyhound's critics have taken: that the Constitution's Fourth Amendment prevents agents from boarding buses and questioning passengers without a warrant or the consent of the company.

“When transportation checks occur on a bus at non-checkpoint locations, the agent must demonstrate that he or she gained access to the bus with the consent of the company’s owner or one of the company’s employees,” the memo states. An agent's actions while on the bus "would not cause a reasonable person to believe that he or she is unable to terminate the encounter with the agent.”

Greyhound previously argued that case law, including a 1973 Supreme Court ruling, did not extend the Fourth Amendment's protections to commercial carriers.

Associated Press
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