But since a new federal law took effect on August 23, that may all change. Under the new law, the Civil Asset Forfeiture Reform Act of 2000, winning in court will be a lot harder for the Border Patrol. In fact, the Border Patrol may not even be motivated to try. The law, which was introduced by Representative Henry Hyde, a Republican from Illinois, shifts the burden of proof to the government. Until now, U.S. law allowed agents to use probable cause as a means by which a suspected vehicle loaded with illegal aliens could be seized, forfeited and taken off the road.
Probable cause is now toast.
The new law also changes the requirement for posting bond. The owner-driver will no longer be required to post bond for the value of the vehicle. Furthermore, should the Border Patrol lose a case under the new law, the government would automatically be liable for attorney fees. Tucson Sector Assistant Chief Ted Swofford, who is in charge of the Asset Forfeiture Office, says the new law will not help take smugglers off the road. In preparation for it, agents in the Tucson Sector are scaling back their vehicle seizure operations.