What is required for a special agent to legally question a non-citizen without suspicion at the border?

The requirement for a special agent to legally question a non-citizen at the border without any suspicion stems from the legal standards that govern border control and immigration enforcement. Authority at the border allows for a broader scope of questioning due to the unique nature of border security.

In this context, the U.S. Customs and Border Protection (CBP) agents, as well as special agents with appropriate authority, can conduct inquiries without specific suspicion because of the heightened need to ensure national security and enforce immigration laws. This regulatory framework recognizes that borders are different from the interior of the country, where the Fourth Amendment rights against unreasonable searches and seizures are more robustly applied.

Consequently, agents can ask questions to any individual at the border, including non-citizens, to determine their status or intentions without needing prior suspicion. This practice is integral to maintaining the integrity of national borders and ensuring compliance with immigration laws.