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In reply to the discussion: Marisa Kabas: ICE stopping cars in DC and asking for papers [View all]HAB911
(10,243 posts)66. Know your rights - 100 Mile Border Zone
https://www.aclu.org/know-your-rights/border-zone
You have the right to remain silent or tell the agent that youll only answer questions in the presence of an attorney, no matter your citizenship or immigration status. You do not have to answer questions about your immigration status. You may simply say that you do not wish to answer those questions. If you choose to remain silent, the agent will likely ask you questions for longer, but your silence alone is not enough to support probable cause or reasonable suspicion to arrest, detain, or search you or your belongings.
A limited exception does exist: for people who do have permission to be in the U.S. for a specific reason and for, usually, a limited amount of time (a nonimmigrant on a visa, for example), the law does require you to provide information about your immigration status if asked. While you can still choose to remain silent or decline a request to produce your documents, people in this category should be aware that they could face arrest consequences. If you want to know whether you fall into this category, you should consult an attorney.
Generally, an immigration officer cannot detain you without reasonable suspicion. Reasonable suspicion is less robust than probable cause, but it is certainly not just a hunch or gut feeling. An agent must have specific facts about you that make it reasonable to believe you are committing or committed, a violation of immigration law or federal law.
If an agent detains you, you can ask for their basis for reasonable suspicion, and they should tell you.
An immigration officer also cannot search you or your belongings without either probable cause or your consent. If an agent asks you if they can search your belongings, you have the right to say no.
An immigration officer cannot arrest you without probable cause.
That means the agent must have facts about you that make it probable that you are committing, or committed, a violation of immigration law or federal law.
You have the right to remain silent or tell the agent that youll only answer questions in the presence of an attorney, no matter your citizenship or immigration status. You do not have to answer questions about your immigration status. You may simply say that you do not wish to answer those questions. If you choose to remain silent, the agent will likely ask you questions for longer, but your silence alone is not enough to support probable cause or reasonable suspicion to arrest, detain, or search you or your belongings.
A limited exception does exist: for people who do have permission to be in the U.S. for a specific reason and for, usually, a limited amount of time (a nonimmigrant on a visa, for example), the law does require you to provide information about your immigration status if asked. While you can still choose to remain silent or decline a request to produce your documents, people in this category should be aware that they could face arrest consequences. If you want to know whether you fall into this category, you should consult an attorney.
Generally, an immigration officer cannot detain you without reasonable suspicion. Reasonable suspicion is less robust than probable cause, but it is certainly not just a hunch or gut feeling. An agent must have specific facts about you that make it reasonable to believe you are committing or committed, a violation of immigration law or federal law.
If an agent detains you, you can ask for their basis for reasonable suspicion, and they should tell you.
An immigration officer also cannot search you or your belongings without either probable cause or your consent. If an agent asks you if they can search your belongings, you have the right to say no.
An immigration officer cannot arrest you without probable cause.
That means the agent must have facts about you that make it probable that you are committing, or committed, a violation of immigration law or federal law.
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Seems improbable that they could stop everybody -- lost tourists, people passing
allegorical oracle
May 2025
#44
That went out in 1968 with Terry v Ohio, when the Court invented "detention" out of whole cloth.
rsdsharp
May 2025
#68
Then in 1990 Michigan v. Sitz allowed "minimal" intrusion roadblocks for DUI prevention
Ponietz
May 2025
#76
And, of course, Pennsylvania v. Mimms, which allows them to order you out of the car for "officer safety."
rsdsharp
May 2025
#85
Probably not a "Real-ID" as that is now required for federal buildings and such. So just a regular DL is not good
LiberalArkie
May 2025
#52
Papers please is really a world wide thing and has been for decades. If stopped by police anywhere in the world they
LiberalArkie
May 2025
#82
Bet they wave through white people, especially those driving a late-model car. They're
allegorical oracle
May 2025
#46
RIGHT !! Let's say it is lawful who tf wants to be part of an organization that's got to cover their faces in their own
uponit7771
May 2025
#10
Yep, literally the Nazis cleared the jails of racist to shoot Jews and socialist in the beginning but
uponit7771
May 2025
#50
Can't recall the year, but Jeb Bush was Gov. of Fla., and he made everyone get a real
allegorical oracle
May 2025
#49
Had to present my birth certificate, my marriage certificate (my surname had changed), had to
allegorical oracle
May 2025
#56
Pretty soon those agents of Trump's Fascist Agenda will have access to data bases thanx to the
Botany
May 2025
#5
You'd think they would be proud of their thuggery! Show your face and your steel teeth.
erronis
May 2025
#45
I didn't know law enforcement could wear a mask, do the display a badge number and name?
doc03
May 2025
#79
These nazi thugs will the among the first scumbags we hunt down when this is finally over.
Basso8vb
May 2025
#12
Not denying the REPUBLICAN Gestapo would be doing this, especially in DC which has stricter ID requirements
Cheezoholic
May 2025
#32
This is third world country stuff. Especially because they're ashamed to show their faces.
Vinca
May 2025
#34
Makes me wonder if Trump/ICE are now trafficking humans to be slaves in other countries' prisons.
Attilatheblond
May 2025
#65
How are we to know who these people are? No identification, all in black and masks and they say they
Deuxcents
May 2025
#77
That's just it..we don't know. What if there are real criminals having us think they're govt officials?
Deuxcents
May 2025
#88