This morning on Fox News, Tom Homan, currently serving as Border Czar under President Donald Trump’s administration, made a legally dubious and deeply concerning claim about the power of immigration enforcement agents.
“People need to understand ICE officers and Border Patrol don't need probable cause to walk up to somebody, briefly detain them, and question them … based [in part] on their physical appearance,” Homan said.
This statement is both misleading and dangerous — and it’s simply not true under U.S. law.
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No officer of the law, including those with ICE or Border Patrol, can stop and detain someone solely because of how they look, sound, or dress. That is racial profiling, and it violates the Fourth and Fourteenth Amendments of the U.S. Constitution.
Immigration enforcement agents need a legal justification to briefly detain someone — specifically, they must have a reasonable suspicion, based on specific facts, that a person is in violation of immigration laws. Skin color, clothing, language, or accent do not count as legitimate justification.
Homan’s comment, coming from a high-ranking federal official, dangerously distorts this legal standard. It suggests that ICE officers have more power than the law allows and encourages unconstitutional practices.
If you are questioned or detained by immigration officials, you still have rights — and knowing them is essential.
*This is not legal advice, this is based on information provided by immigration attorneys.*
You do not have to show ID.
If an ICE agent asks you for identification or proof of legal status, you can refuse. You do not have to answer questions or provide documentation unless they have a warrant or you are under arrest.Ask: “Am I under arrest?”
If they say “no,” you have the legal right to walk away. Remaining silent is also your right.Do not provide false documents.
Never lie to an immigration officer or hand over fake or borrowed documents. That can lead to serious criminal charges like identity theft, even if you have legal status.You do not have to open your door.
If ICE comes to your home, you have no obligation to let them in unless they present a warrant signed by a judge. You are within your rights to ask them to slide the warrant under the door before taking any further action.You cannot be detained for your appearance.
No matter how you look or speak, ICE and Border Patrol agents cannot legally stop or detain you based on physical traits alone. That is not how the law works — and no federal officer has the right to override the Constitution.
Tom Homan’s comment is not just a slip of the tongue. It reflects a broader push by the current administration to expand immigration enforcement powers in ways that risk violating constitutional rights. When people in power misstate the law, it spreads fear, confusion, and potentially leads to unlawful detentions.
The law is clear: appearance is not a crime.
If you are questioned or confronted by ICE, stay calm, know your rights, and do not be intimidated. The Constitution protects everyone in the United States — regardless of immigration status.
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