A memo from the Border Patrol component of US Customs and Border Protection (CBP) first reported last Friday by the Associated Press confirms what critics of Greyhounds’s collaboration with the US Border Patrol and other police have been saying for years: unless they have a warrant or in exigent circumstances, CBP agents can’t board Greyhound’s buses without Greyhound’s permission.
Greyhound has defended itself by claiming that it has no legal right to keep Border Patrol agents from boarding buses and questioning passengers. But those claims — which we’re pretty sure Greyhound’s lawyers have always known to be false — have now been shown to be directly contrary to the instructions given to all Border Patrol field supervisors:
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.
It’s time for Greyhound to stop making excuses or blaming the government for its corporate choices. Greyhound could and should decline to consent to police boarding its buses, and explicitly prohibit its employees and agents from giving such consent.