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President Donald Trump’s border czar has clarified that federal immigration agents cannot detain individuals solely based on physical appearance after some pushback following earlier comments.
Some shit you should know before you read: If you’re unaware, ICE has been ramping up enforcement and removal operations around the country, drawing some criticism for broadening its focus beyond violent criminal offenders to include illegal immigrants with no criminal history aside from their immigration status. While the agency claims these actions are part of routine enforcement, numerous videos circulating on social media show ICE agents conducting raids at places like car washes, farms, and even Home Depot parking lots (which has raised accusations about racial profiling and arbitrary targeting). Critics argue that many of these operations appear to lack clear legal justification, with agents seemingly detaining individuals based on appearance, language, or occupation rather than articulable suspicion.
What’s going on now: In a notable development, Trump border czar Tom Homan has now clarified earlier comments that appeared to justify immigration detentions based solely on appearance or location. During a Fox News interview, Homan stated that ICE and Border Patrol agents “don’t need probable cause to walk up to somebody, briefly detain them, and question them,” and that agents can act based on “location, occupation, physical appearance, [and] their actions.” The comments sparked widespread concern about potential racial profiling and constitutional overreach. In response to the backlash, Homan clarified his position on CNN’s State of the Union, stating, “Let me be clear: Physical description can’t be the sole factor to give you reasonable suspicion. It’s articulable facts, with an ‘s.'” He added, “Physical description cannot be the sole reason to detain and question somebody. That can’t be the sole reason to raise reasonable suspicion. It’s a myriad of factors.”
Homan’s clarification comes in the wake of a significant federal court ruling that directly challenged ICE’s enforcement tactics. US District Judge Maame Ewusi-Mensah Frimpong issued two temporary restraining orders barring ICE agents from detaining individuals for removal based solely on race, language, or employment status. The judge further required that detainees be given immediate access to legal counsel, citing violations of the Fourth Amendment.
The Department of Homeland Security has since responded to the court’s decision, with Secretary Kristi Noem blasting the ruling as politically driven and unfounded. “Well, this federal judge’s ruling is ridiculous. We never ran our operations that way,” Noem said during an appearance on Fox News Sunday. She went on to argue, “We’ve seen this across the country over and over and over again, where judges are getting political. It’s not their job.” Noem defended ICE’s actions, maintaining that “it’s been done exactly how law enforcement has operated for many years in this country,” and claimed, “We’ve never targeted individuals based on those qualifications that he laid out.”
