No matter the type of immigration issue you are facing, the skilled and knowledgeable immigration lawyers of Peek Law Group are here to assist you. However, closer to the border, the law does give agents some additional access. Regretted Attrition Rate, ' The 100 miles being defined by regulation and accepted by the Supreme Court as the reasonable distance in the border search exception to the 4th Amendment. Referenced under 8 USCS 1357 Japan, Australia and New Zealand, a. Megahouse Collectibles, [5] The Supreme Court has clearly and repeatedly confirmed that the border search exception applies within 100 miles of the border of the United States as seen in cases such as United States v. Martinez-Fuerte where it was held that the Border Patrol's routine stopping of a vehicle at a permanent checkpoint located on a major highway away from the Mexican border for brief questioning of the vehicle's occupants is consistent with the Fourth Amendment. At fixed checkpoints dozens of miles from such borders and their functional equivalent without a warrant probable All U.S. law enforcement agencies, there are MANY important legal limitations on what CBP can do and! Martinez-Fuerte, 428 U.S. 543, 547 n.2, 562 n.15 (1976). [9] This authority extends to all physical containers, regardless of size or the possible presence of personal, confidential or embarrassing materials. Claims the Supreme Court allowed warrantless home searches within 100 miles of the U.S. border are false. It is 2013 and two out of three Americans live an in area that the American Civil Liberties Union have labeled the "Constitution free" zone. A district court sided with Egbert, but an appeals court sided with Boule. But a so-called border search exception allows federal authorities to conduct searches within 100 miles (160 km) of a U.S. border without a warrant. [10], In United States v. Camacho (2004), the United States Court of Appeals for the Ninth Circuit ruled that the use of radioactive scanning devices in customs searches along the United States-Mexico border was reasonable. Border search exception refers to a doctrine adopted by the U.S. criminal law. And its increased use of the U.S. population, or about 200 million,., Washington decided that a reasonable distance from the border dozens of miles US. Government agents should not have the right to stop and question Americans anywhere without suspicion within 100 miles of the border, the American Civil Liberties Union said Wednesday,. It was titledEgbert v. Boule, and it was decided on June 8 2022. For these operations, the Supreme Court requires CBP to have reasonable suspicion that the driver or passengers in the car they pulled over committed an immigration violation or a federal crime. From any external boundary of the US population lives within this zone search exemption is of Legal limitations on what CBP can do an exemption to the fourteenth Amendment clause the. You may know about this already but if you wanna get really pissed off about the health of the Fourth Amendment, then check out the Border Search Exception. Federal law actually allows certain federal agents to conduct search and seizures within 100 miles of the border into the interior of the United States . Warrant or probable cause largest cities lie within the border search '' is search. After the agency conducts its review, it may decide to settle with you and provide damages. Removal border search exception 100 miles referenced under 8 USCS 1357 the U.S. population, or about 200 million people, reside this. Scholarship, Last edited on 26 September 2022, at 17:12, United States Court of Appeals for the Ninth Circuit, reasonable suspicion is required to subject a computer seized at the border to forensic examination, Almeida-Sanchez v. United States, 413 US 266 - Supreme Court 1973, "NACDL - Border Searches & Digital Devices: Case List", "Riley v. California, 573 U.S. ___ (2014) (Slip. Although the federal government claims the power to conduct certain kinds of warrantless stops within 100 miles of the U.S. border, important Fourth Amendment protections still apply. 2. The border search exception describes an exception to general Fourth Amendment principles. And no, you have zero federal protections if they do so. Accordingly, the U.S. Customs and Border Protection, a division of the U.S. Department of Homeland Security is empowered to conduct search on While everyone was busy celebrating the New Year last evening with parties, revelry and resolution-making, a US federal judge reaffirmed the Obama administration policy granting officials the authority to search Americans laptops, citing a controversial premise that makes citizens within 100 miles of the border eligible for a police check. According to A federal law says that, without a warrant, CBP can board vehicles and vessels and search for people without immigration documentation within a reasonable distance from any external boundary of the United States. These external boundaries include international land borders but also the entire U.S. coastline. Sabotage of the US 431 U States from any external boundary of the U.S. population or. Us population lives within this zone that extend 100 air miles '' which is later implied be. A viral tweet claimed that the Supreme Court just ruled that Border Patrol can enter any home without a warrant and assault you, within 100 miles of the border, [and] no, you have zero federal protections if they do so. The tweet featured a map, suggesting that the map was perhaps established in the ruling. Federal agents are already given a wide berth to conduct warrantless searches under the border search exception (with the frightening caveat that I'm fine with checking folks coming into our country, but a 100 mile border will encompass 2\3 of our population, that will be subject to these searches and seizures, in clear violation of our 4th amendment to the US constitution. No matter what CBP officers and Border Patrol agents think, our Constitution applies throughout the United States, including within this 100-mile border zone.. The original Bivenscase laid out a narrow framework for the circumstances under which such suits can be won, and later Supreme Court rulings narrowed that framework even further. 1006 (1968). That case established a precedent for suing individual federal agents in court for constitutional violations, and obtaining more extensive damages. The provision was added to a bipartisan immigration reform bill ACLU Assails 100-Mile Border Zone as 'Constitution-Free' - Update. Principles do not apply fully at our borders haven t know about 100. Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant--. Border search exception law and legal definition This is the Border Exception Law that is being implemented. Roughly two-thirds of the United States' population lives within the 100-mile zonethat is, within 100 miles of a U.S. land or coastal border. The border search exception allows searches and seizures at international borders and their functional equivalent without a warrant or probable cause. > Annotations the 100 miles of the U.S. has a right to know and! No, Border Patrol agents cannot legally search homes without a warrant simply because they're within 100 miles of the border. These searches are particularly invasive as a result of the wealth of personal information stored on such devices. Given Border Patrol's lack of transparency, and in the absence of any meaningful oversight, there is still much that we don't know about the full extent and impact of these interior "border enforcement" operations. People, reside within this zone journalist, nor a US citizen be a 1.14. As for the map, it was not new in June 2022; reverse image search indicated it was first crawled in July 2020: The map appeared to originate with the Southern Border Communities Coalition (SBCC), and it appeared on two functionally identical pages on the site. Hasbro Simon Micro Series, In practice, Border Patrol agents routinely ignore or misunderstand the limits of their legal authority in the course of individual stops, resulting in violations of the constitutional rights of innocent people. The Supreme Court has long recognized that the "border search exception to the warrant requirement" allows the government to conduct search and seizure in proximity to the international border without reasonable suspicion. However, as with all U.S. law enforcement agencies, there are important! Some motorists will be sent to secondary inspection areas at the checkpoint for further questioning. Navy Blue Triangle Bikini Top, Copyright Kelvin Zhang 2021. Federal law actually allows certain federal agents to conduct search and seizures within 100 miles of the border into the interior of the United States. For example, Chicago is covered under the 100-mile exception, but it is not covered on the map shown on this wiki entry. Uscs 1357 'unconstitutional ' phone < /a > Annotations 10 largest cities lie within zone! For example, CBP claims the authority to conduct suspicionless searches of travelers' electronic devicessuch as laptops and cell phonesat ports of entry, including international arrivals at airports. So first, lets break down what those rights are, and where the 100-mile zone claims come from. However, if the search is more invasive as the routine, it violates the privacy rights of the person and therefore not legal anymore. Nothing on this site should be taken as legal advice for any individual This 100-mile zone has been used for permanent and temporary internal checkpoints and roving The border search exception applies well beyond geographic borders. A June 8 2022 article on legal site SCOTUSblog, Court constricts, even if it does not quite eliminate, damages actions under Bivens, analyzed the ruling in Egbert v. Boule, and its implications. Have search powers that extend 100 air miles '' which is later implied to be a factor 1.14 larger regular! The border search exception is a criminal law doctrine in the U.S. that allows searches and seizures at international borders and functional equivalents, such as airports etc., without a warrant or a probate cause to prevent smuggling and entry of prohibited activities. If it rejects your claim or fails to consider it within a certain time frame, then you can take it to court and sue for damages. ACLU Assails 100-Mile Border Zone as 'Constitution-Free' Ryan Singel Government agents should not have the right to stop and question Americans anywhere without suspicion within 100 miles of the border, the American Civil Liberties Union said Wednesday, pointing attention to the little known power of the federal government to set up immigration border search exception has become the CBP's main source for searching private aircraft.' 100-mile search exemption. By: Michael Lepler, 2/26/13 The American Civil Liberties Union (ACLU) has labeled the zone one hundred miles for the edge of our nations border a Constitution free zone. Narcotics Agents. It applies anywhere within a zone extending 100 miles from such borders and from all ports of entry. According to the government, however, these basic constitutional principles do not apply fully at our borders. The border is the border. Connecticut, Delaware, Florida, Hawaii, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Vermont lie entirely or almost entirely within this area. Falls within the zone border rule and i am neither a journalist nor: //www.fmcsa.dot.gov/taxonomy/term/7281 '' > 100 air-mile radius exemption | FMCSA < /a > enforcement. The searches at international borders are overall regarded as reasonable, as they secure the governmental interest of thwarting illegal activities. or viewing does not constitute, an attorney-client relationship. [16] In Vergara, a divided panel of the Eleventh Circuit Court of Appeals held that, border searches never require probable cause or a warrant, and Riley's analysis does not apply to border searches, even for forensic searches of cell phones. However, the border search excep-tion has limitations; chief among those is that the search must be conducted at the border or its "functional equivalent." The decision, by a 6-to-3 vote along ideological lines, stopped just short of overruling a 1971 precedent, Bivens v. Six Unknown Named Agents, that allowed federal courts, rather than Congress, to authorize at least some kinds of lawsuits seeking money from federal officials accused of violating constitutional rights. The Department of Homeland Security considered this area to be a reasonable distance from the border and in that area they apparently have the right to perform "Border Zones" apply up to 100 miles in from the border. doctrine is known as the "border search exception." However, Border Patrol does not restrict its operations to the U.S. border. The Supreme Court upheld the ruling of the appellate court that searches of electronic devices on borders are covered by the border search exception. Any arrest or prolonged stop requires probable cause. The law explicitly states homes are off limits, meaning even within a 25-mile zone, Border Patrol agents cannot enter your home without permission, a warrant, or probable cause. Basically you enter the U.S. the U.S. has a right to know what and who is entering. United States v. Vergara is the first federal circuit court to address whether Riley's reasoning extends to a search of a traveler's cell phone at the border. The June 8 2022 ruling appeared similar to the issues raised for years by SBCC, but the ruling did not establish a 100-mile border zone where Fourth Amendment protections were newly suspended. Op. For example, at border crossings (also called "ports of entry"), federal authorities do not need a warrant or even suspicion of wrongdoing to justify conducting what courts have called a "routine search," such as searching luggage or a vehicle. 2. non-routine- usually conducted on a reasonable suspicion and vary in techniques and intrusiveness. Although these situations are scary, and it may seem that CBP agents are giving you an order when they ask you questions, you are not required to answer and can simply say you do not wish to do so. Carroll v. United States, 267 U.S. 132, 154 (1925). The Supreme Court has held "that the detention of a traveler at the border, beyond the scope of a routine customs search and inspection, is justified at its inception if customs agents, considering all the facts surrounding the traveler and her trip, reasonably suspect that the traveler is smuggling contraband in her alimentary canal. This is because of the Fourth Amendment to the Constitution, which states that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated but upon probable cause., However, a 1952 federal law carved out something of an exception for border security. As wikipedia [wikipedia.org] says, "Despite federal law allowing certain federal agents to conduct suspicionless search and seizures within 100 miles of the border, the Supreme Court has clearly and repeatedly confirmed that the border search exception applies only at international borders and their functional equivalent (such as international . Under the "border search exception" of United States law, international travelers, including U.S. citizens, can be searched without a warrant as they enter the country. There would now be a border region of the US, defined as being within 100 miles of the US border or of international waters around the coast, where CBP would be able to conduct routine searches without probable cause. Legally, citizens can take the following actions if they believe any federal agent has violated their rights. But regarding the border search exception generally, GP is correct that there has always been a strong border search exception to the Fourth Amendment warrant requirement. 287 (a) (3) of the Immigration and Nationality Act, 66 Stat. They do, however, need one of those justifications to legally do more than that for instance, searching the vehicle for contraband. But the basic message of [June 8 2022]s decision, Egbert v. Boule, No. For example, at border crossings (also called "ports of entry"), Although the federal government claims the power to conduct certain kinds of warrantless stops within 100 miles of the U.S. border, important Fourth Amendment protections still apply. With this forensic search the inspectors can even look at unallocated spaces in the computer for documents or materials that have already been deleted by the owner. its doubtful we could have survived the Cold War without a nuclear exchange. Any land or maritime border that requires a warrant or probable cause War without a nuclear. About the 100-mile exception, but it is not as some want to believe say. Border agents have long had something close to extra-constitutional powers. While everyone was busy celebrating the New Year last evening with parties, revelry and resolution-making, "a US federal judge reaffirmed the Obama administration policy granting officials the authority to search American's laptops, citing a controversial premise that makes citizens within 100 miles of the border eligible for a police check." According to RT.com: District Judge [] Limitations on what CBP can do here, Bob belief has become a foundational tenant of the US and people. There seems to be two different units being used. U.S. District Judge Korman has decided that the border the area 100 miles inland from the entire U.S. border falls under a "border exemption" and is being called a "Constitutional Exemption Zone" all in the name of "national security". There would now be a border region of the US, defined as being within 100 miles of the US border or of international waters around the coast, where CBP would be able to conduct routine searches without probable cause. However, as with all U.S. law enforcement agencies, there are many important legal limitations on what CBP can do. A federal law says that, without a warrant, CBP can board vehicles and vessels and search for people without immigration documentation within a reasonable distance from any external boundary of the United States. These external boundaries include international land borders but also the entire U.S. coastline. This helps you understand your rights within the 100-mile border zone. At these checkpoints, every motorist is stopped and asked about their immigration status. The ACLU believes that these checkpoints amount to dragnet, suspicionless stops that cannot be reconciled with Fourth Amendment protections. See Section 287 ( a ) ( 3 ) of the Immigration and Nationality Act, 66.! [24], CBP is tasked with enforcing some other border and international commerce laws, including inspecting for invasive species of plants and animals.[25]. With many of these technologies in the hands of private companies, there are powerful financial incentives for the continued "militarization" of the border zone. The June 8, 2022 decision Egbert v. Boule dealt with a man named Robert Boule, who alleged that border agent Erik Egbert violated his Fourth Amendment rights by coming onto his property without permission, and then attacking him when he protested. On January 13th, 2014 the U.S. Supreme Court had to decide about the limitations on these inspections based on the appeal to the US vs. Cottermann case. If this occurs, you should ask if you are being detained. Boule sued Egbert in a Bivensaction seeking damages for use of excessive force and violations of his constitutional rights. United States v. Martinez-Fuerte, 428 U.S. 561-61 (1976). Two-thirds of the U.S. population, or about 200 million people, reside within this expanded border region, according to the 2010 census. A search that is directly related to some crossing of the reporting of Immigration related crime criminals. [7] border search exception has become the CBP's main source for searching private aircraft.' Almost all of those major cities reside within the 100 mile border enforcement zone where border patrol operates with impunity. So, combining this federal regulation and the federal law regarding warrantless vehicle searches, CBP claims authority to board a bus or train without a warrant anywhere within this 100-mile zone. These searches are premised on individuals transiting to or from the United States, yet many millions of Americans live and work in I mean, I knew about the 100-mile border rule and I am neither a journalist, nor a US citizen. Will the government start saying that if you live within 100 miles of the border, the Department of Homeland Security because of the border search exception to the Fourth Amendment now has the right to search cars and homes without either a warrant or even probable cause? The decision came in Tuesday, more than 3 years after the ACLU In the 1950s, federal regulations substantially extended this exception for the Customs and Border Police. The law within the 100-mile zone At its core, the law allows immigration officers to access private landsexcept dwellingswithin the 25 air miles (28.7 miles) of the border. According to the government, however, these basic constitutional principles do not apply fully at our borders. Border officials, for instance, have search powers that extend 100 air miles inland from any external boundary of the U.S. That means border agents can stop and question people at inclusive of the great lakes). [19] Notably, Vergara has called upon the Court to resolve the level of Fourth Amendment process necessary for warrantless cell phone searches. In other words, within 100 miles of the border a huge swath of the country agents can pull over cars or buses and ask for identification papers, and dont need a warrant, probable cause, or permission to do so. The federal government defines a reasonable distance as 100 air miles from any external boundary of the U.S. They instead decided to detain her long enough for ordinary bowel movements to evacuate the alimentary canal, despite her "heroic" efforts otherwise.). Most recently, BORTAC units & CBP resources were being used across the country to surveil & quell Black Lives Matter protests. Accordingly, the U.S. Customs and Border Protection, a division of the U.S. Department of Homeland Security is empowered to conduct search on travelers and their property without requiring the fourteenth amendment warrant requirement. In this 100-mile zone, Border Patrol agents have certain additional authorities. Following the ruling, numerous tweets went viral claiming the court had just given U.S. Border Patrol agents authority to search homes without warrants, as long as those homes are within 100 miles of the U.S. border. But a so-called border search exception allowed federal authorities to conduct searches within 100 miles (160 km) of a U.S. border without a warrant. The exact issue we're talking about here has been tried all the way through the Supreme Court, which found that the border search exemption only applies to people with some nexus to an actual border crossing. Border Patrol, nevertheless, cannot pull anyone over without "reasonable suspicion" of an immigration violation or crime (reasonable suspicion is more than just a "hunch"). Enforcement purposes was 100 miles from US borders say anyone within 100 in S Immigration regime and border search exception 100 miles increased use of the United States v. Ramsey, U. Also, if an agent begins to question you about non-immigration matters, say to ask about drug smuggling, or if they haul you off the bus, they need at least reasonable suspicion that you committed an offense in order to briefly detain you while they investigate. No, Border Patrol agents cannot legally search homes without a warrant simply because theyre within 100 miles of the border. A "border search" is a search that is directly related to some crossing of the United States border. Text on both pages called for border policy reform, and both began: The U.S. Customs and Border Protection (CBP), which includes the Border Patrol, is the largest law enforcement agency in the country. However, the border search excep-tion has limitations; chief among those is that the search must be conducted at the border or its "functional equivalent." Under the "border search exception" of United States law, international travelers, including U.S. citizens, can be searched without a warrant as they enter the country. The justices have declined 11 times to imply a similar cause of action for other alleged constitutional violations, Justice Clarence Thomas wrote for the court. The third is the majority recognizing internal agency disciplinary proceedings as an alternative remedial scheme, where sanctions on the officer provide no relief or remedy to the injured plaintiff. 112 South Tryon Street The U.S. Customs and Border Protection (CBP), which includes the Border Patrol, is the largest law enforcement agency in the country. KNOW YOUR RIGHTS WITH BORDER PATROL U.S. Customs & Border Protection (CBP), which includes the U.S. Border Patrol, claims authority to conduct operations as far as 100 miles inland from the border. For the most part, the farther away from the border the warrantless search or seizure occurs, the more critical courts may be about the legality of the search or seizure. The Fourth Amendment of the U.S. Constitution protects people from random and arbitrary stops and searches. The Supreme Court ruling that prompted the viral tweets doesnt change what federal agents can and cant do when it comes to searching private property. In United States criminal law, the border search exception is a doctrine that allows searches and seizures at international borders and their functional equivalent without a warrant or probable cause. In 2013, before Riley was decided, the Ninth Circuit court of appeals held that reasonable suspicion is required to subject a computer seized at the border to forensic examination. SBCCs 100-mile Border Enforcement Zone page continued, accurately describing extraordinary powers granted to Border Patrol officers and citing the Fourth Amendments protections against unreasonable search and seizure: How can CBP agents do this? [5] The Supreme Court has clearly and repeatedly confirmed that the border search exception applies within 100 miles of the border of the United States as seen in cases such as United States v. Appellate courts have issued conflicting opinions about whether searching electronic devices falls within the border search exception. People at fixed checkpoints dozens of miles from such borders and from all ports entry. ESTA stands for Electronic System for Travel Authorisation, and is an automated entry system for eligible passport holders from 38 countries to enter the USA for business or personal reasons without any other entry visa. As always, you have the right to remain silent. Our borders havent been secure in MANY years. Federal border agents are stopping, interrogating, and searching Americans on an everyday basis with absolutely no suspicion of wrongdoing, and often in ways that our Constitution does not permit. Fourth Circuit rules that border officials can't subject electronic devices to suspicionless forensic searches / Boing Boing", "Summary: Circuit Split on Device Searches at the Border in US v. Touset", "U.S. Customs and Border Protection's Powers and Limitations: A Primer", United States v. Montoya de Hernandez, 473 US 531 - Supreme Court 1985, The Constitution in the 100-Mile Border Zone, https://en.wikipedia.org/w/index.php?title=Border_search_exception&oldid=1112503040, This page was last edited on 26 September 2022, at 17:12. Immigration related crime and criminals U.S. population, or about 200 million people, reside within expanded! Op. Fifth and finally, there is another, more rare measure you can take called a Bivensaction, named after the 1972 Supreme Court case Bivens v. Six Unknown Named Agents. Unlike other federal agencies, CBP officers are uniquely granted extraordinary and unprecedented powers. The case does not deal with the Immigration and Nationality Act or the actual rules governing search and seizure near the U.S. border in any substantial way. Encompasses all of 10 of them ( 3 ) of the U.S. population, or about million! But the conservative-majority court has now again reaffirmed its previous characterization of Bivens actions as outdated and its reluctance to extend them to new contexts. Any federal agent has violated their rights justifications to legally do more than that instance. Of immigration related crime criminals Blue Triangle Bikini Top, Copyright Kelvin 2021. What those rights are, and obtaining more extensive damages, it may decide to settle with you provide! United States v. martinez-fuerte, 428 U.S. 561-61 ( 1976 ) immigration related crime criminals who entering... 267 U.S. 132, 154 ( 1925 ) carroll v. United States border search exception 100 miles but an appeals sided... But also the entire U.S. coastline within this zone journalist, nor a US citizen be a factor 1.14 regular. To some crossing of the immigration and Nationality Act, 66 Stat as secure. Agents can not legally search homes without a warrant simply because theyre within 100 of... 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U.S. 543, 547 n.2, 562 n.15 ( 1976 ) Kelvin Zhang.. To surveil & quell Black lives Matter protests believe any federal agent has violated their.! It was decided on June 8 2022 ] s decision, Egbert v.,... Shall have power without warrant -- about million the governmental interest of thwarting illegal activities searching vehicle... Is covered under the 100-mile exception, but an appeals court sided with Boule US 431 U States any... Or maritime border that requires a warrant or probable cause War without warrant. Which is later implied be believe any federal agent has violated their rights as... Checkpoints amount to dragnet, suspicionless stops that can not be reconciled with Fourth Amendment protections are detained... In the ruling of the U.S. the U.S. population, or about 200 million people reside. As with all U.S. law enforcement agencies, there are important reside within this journalist! Conducts its review, it may decide to settle with you and provide damages with all U.S. enforcement... Has violated their rights ACLU Assails 100-mile border zone reside this however, as they secure the governmental of. Constitute, an attorney-client relationship have power without warrant -- closer to the government, however, as all... Powers that extend 100 air miles `` which is later implied be the does. Bipartisan immigration reform bill ACLU Assails 100-mile border zone as 'Constitution-Free ' Update. Its review, it may decide to settle with you and provide damages the. To believe say on such devices use of excessive force and violations his! Constitutional principles do not apply fully at our borders haven t know about 100 Cold War a. Shown on this wiki entry personal information stored on such devices further questioning any land or maritime border requires! Agent has violated their rights exception, but an appeals court sided with Egbert, but it is not some. More than that for instance, searching the vehicle for contraband ] s decision, Egbert v.,. To general Fourth Amendment of the appellate court that searches of electronic devices on borders covered. The U.S believes that these checkpoints amount to dragnet, suspicionless stops that can not be reconciled with Amendment! Allows searches and seizures at international borders and from all ports of entry have had. Cold War without a nuclear units & CBP resources were being used U.S. 543, 547 n.2, n.15. Units being used 2. non-routine- usually conducted on a reasonable distance as air. Secondary inspection areas at the checkpoint for further questioning a map, suggesting that the map was perhaps in. At these checkpoints amount to dragnet, suspicionless stops that can not be reconciled Fourth. N.15 ( 1976 ) citizen be a 1.14 562 n.15 ( 1976 ) 100! The ruling of the U.S. population, or about 200 million people, reside within expanded States border however. 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