; and (ii) checkpoint enforcement operations may not use race, ethnicity, gender, national origin, religion, sex (including sexual orientation and gender identity) to any degree, except for reliance on the listed characteristics in a specific suspect description; (D) within a distance of 10 miles from any such external boundary, or such distance as may be prescribed by the Secretary pursuant to paragraph (2), to have access to private lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States;