Trump’s Border Czar Sparks Firestorm of Anger By Telling Fox News ICE Can Detain Based on ‘Physical Appearance’
President Donald Trump’s border czar, Tom Homan, sparked a wave of angry reactions on Friday after he told Fox News that border patrol doesn’t need probable cause to detain suspected illegal migrants.
“I’ve got to get your reaction to this Biden-appointed federal judge out in Los Angeles, apparently expected today to issue a temporary restraining order, halting your lawful operations. She says, ‘I think it’s important for the court not to burden otherwise lawful law enforcement activities.’ Your reaction there,” asked Fox’s Griff Jenkins on Fox & Friends.
“Look, people need to understand, ICE officers and border patrol, they don’t need probable cause to walk up to somebody, briefly detain them, and question them. They just need this: totality of the circumstances, right? They just got through the observation, you know, get articulable facts based on the location, the occupation, their physical appearance, their actions,” Homan replied, adding:
Like a uniformed border patrol officer walks up to them at, for instance, a Home Depot. And they got all these articulable facts, plus the person walks away or runs away. Agents are trained on what they need to detain somebody temporarily and question them. It’s not probable cause, it’s reasonable suspicion. We’re trained on that.
Every agent, every six months, gets Fourth Amendment training over and over again. These officers are really good at what they do, and if the judge makes a decision that’s against what these officers are trained and what the law is based upon, then they’re going to shut down the operation. I think that’s their endgame. They want ICE to stop doing this, but if they base it on the rule of law, they’re going to find out border patrol and ICE is doing exactly what they’re going to do in accordance with law.
ICE has been accused of racial profiling in recent weeks, leading to DHS spokeswoman Tricia McLaughlin to put out a statement this week, saying, “Any claims that individuals have been ‘targeted’ by law enforcement because of their skin color are disgusting and categorically FALSE.”
Homan’s comments quickly went viral online and were met with a bevy of criticism, although some legal experts pointed out there was some legal grounding behind his claims.
Aaron Reichlin-Melnick, an immigration rights advocate and Trump administration critic, replied to the clip, “Shockingly, there is some truth to this; in 1975, the Supreme Court ruled that racial profiling CAN be legal in immigration stops. But that decision was based on demographics at the time, and in the 50 years since, courts have invalidated it as used in Latino-heavy communities.”
California Sen. Alex Padilla (D-CA) replied, “And there you have it. Under the Trump Administration, ICE and Border Patrol are being empowered to stop and question you based solely on how you look. No probable cause. No real reason. Just your “physical appearance.” That’s not justice—it’s profiling.”
Rep. Dan Goldman (D-NY) added, “This is patently false. DHS has authority to question and search people coming into the country at points of entry. But ICE may not detain and question anyone without reasonable suspicion — and certainly not based on their physical appearance alone. This lawlessness must stop.”
Below are some additional reactions:
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