PORTLAND (NEWS CENTER Maine) — Greyhound passengers in Erie, Pennsylvania, saw more than just the landscape out the window as they pulled into the station in 2010.
Border Patrol agents arrested three undocumented passengers — one African and two Latino. It was all captured on video.
In a series of videos taken by Greyhound passengers and then posted on YouTube, customs agents are seen combing their way onboard buses, quizzing passengers about their nationality and whether they have proof of identity. In one video onboard a bus in Florida, agents don't just "ask" Greyhound passengers for their IDs and proof of legal status — one agent forcibly removes a passenger's bag.
On another Greyhound, an agent asks a traveler who is from South Korea for her papers, before approaching the man behind her, another foreign visitor, demanding to see his papers.
In the video, posted by "DeyvidMorales," the agent can be heard asking, "What status are you in right now? Oh, you're from B-1, B-2?"
"These are buses that are in the business of transporting people from place to place; they shouldn't be in the business of subjecting people to unwarranted, unreasonable searches," said Zach Heiden of Maine's American Civil Liberties Union.
He said it violates the 4th Amendment, which protects individuals from unreasonable searches and seizures. Maine and other ACLU branches in California, Texas, Washington, Vermont, New York, New Hampshire, Michigan, Florida and Arizona have sent a letter to Greyhound.
"Urging them not to let customs and border protection use their buses to conduct these suspicionless searches and inquiries," Heiden said. "We're hoping Greyhound will do the right thing by their customers and by the public."
The right thing, Heiden said, is for Greyhound to change its policies and ensure customers aren't subjected to unreasonable searches, or to race or ethnic discrimination.
Greyhound, not the only bus carrier under the microscope. Concord Trailways is being questioned for a potential incident in Bangor in January; agents boarded a Concord bus heading for Portland.
Maine's ACLU has filed a FOIA request — freedom of information to get to the bottom of what happened.
"Customs and Border Protection questioned all the people on the bus about whether they were United States citizens," Heiden said. "You don't have to be a United States citizen to travel by bus in this country and we're concerned that it may be happening more and more."
If Greyhound makes the changes, Heiden said the group will send similar letters to Concord and Amtrak.
"We’re worried that people will have their rights taken away, we’re worried about people feeling discriminated against, and we’re worried for all of us about living in a society where we’re always being demanded that we show our papers."
Heiden pauses, then says emphatically, "that’s not the kind of country we want to live in."
And if a customs or border agent steps onto your bus or train, he says "people have to proceed with caution any time they are dealing with a law enforcement officer. But they should also remember you have rights and you have to exercise those rights."
In one of the posted YouTube videos, one woman does just as Heiden suggests when a CBP (Customs Border Patrol) agent approaches her seat onboard a bus. Heiden said follow this passenger's lead.
"What country are you from ma'am?" the agent asks. She answers, "I'm not answering that question." Shocked, he asks, "What?" The woman stands firm, "I'm not answering that question." The agent shrugs, "OK."
Heiden advises to follow her lead.
"A great question to ask if law enforcement stops and questions you is 'Am I legally obligated to answer that?' They ask if they can search your bags? Say, 'Am I legally obligated to let you search my bags?' If the answer is no, then don't let them."