"U.S. citizens aren't required to carry around documentation proving their nationality, and agents must have probable cause specific to that individual to ask a person to see their papers. At least 170 U.S. citizens were detained by ICE through October of 2025, according to a ProPublica investigation that was denied by Noem. Zoom in: DHS spokeswoman Tricia McLaughlin told CNN that encounters shown in videos posted online are not "racially based" and said "there's a lot of fear-mongering going on by the media.""
"The big picture: A shadow-docket ruling from the Supreme Court last September allowed these immigration check stops to occur when there's a combination of suspicions - including appearance, language, accent and workplace - in response to litigation from last summer's Los Angeles immigration raids. But this is not the final ruling in the case and the case continues to be argued through the lower courts."
U.S. citizens are not required to carry documentation proving nationality, and officers must have individualized probable cause before requesting papers. At least 170 U.S. citizens were detained by ICE through October 2025. Government statements characterize encounters as not racially based and accuse media of fear-mongering, while state officials defend targeted enforcement operations. Critics contend high-level officials cannot guarantee that every officer acts appropriately. A shadow-docket Supreme Court ruling permitted immigration check stops based on combined suspicions such as appearance, language, accent, and workplace. The ruling is not final, the case remains under lower-court review, and multiple lawsuits allege problematic arrest tactics.
Read at Axios
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