Some people don’t seem to grasp the reality that Department of Homeland Security agents, be they ICE or CBP, have no authority to demand a U.S. Citizen produce identification. TSA agents are, of course, an exception when someone is passing through airport security. Customs and Border Protection can naturally require identification at border crossings. That’s the extent to which DHS agents can compel a U.S. Citizen to produce identification. The purview of DHS agents is strictly restricted when it concerns U.S. Citizens.
Hell, no Law Enforcement agency has authorization to require a U.S. Citizen produce identification unless they’re operating a vehicle, lawfully detained, or under reasonable suspicion of a crime. Even in States with “Stop and Identify” Laws on the books, those only apply if there’s reasonable suspicion of criminal activity. It’s worth noting that refusal to produce identification does not, in and of itself, constitute reasonable suspicion. There is no legal requirement for any U.S. Citizen to carry any identification.
I mention all of this because, while discussing ICE overstepping their legal restrictions, I had an old friend try to insist that people only fail to identify themselves if they’re attempting to avoid being picked up on a Warrant. Further, he suggested that refusing to comply with ICE or CBP requests to produce an ID constitutes obstruction. This clearly displayed two things for me. The first being that the individual in question has no comprehension of what “obstruction” means. The second, he fails to grasp that ICE and CBP have more restrictions regarding interactions with U.S. Citizens than other Law Enforcement Agencies (including local police), not fewer.
This same person attempted to state that Constitutional Rights do not apply to non-citizens, which leads me to suspect that the educational system has dramatically failed.
The Supreme Court clearly disagrees with his claim. Constitutional Rights to all “persons” within the United States have been upheld by the Supreme Court several times, starting in 1886, with Yick Wo v. Hopkins. Decisions in 1982 and 2001 further guaranteed this interpretation of the U.S. Constitution. I suppose I shouldn’t be too harsh in my judgment of him, since President Trump seems to be similarly lacking in comprehension of Constitutional Rights and their application. Of course, the list of things President Trump comprehends would be woefully short. The same applies to many members of his Administration.
In case anyone needs further clarification, it has been decided that any “person” (U.S. Citizens, documented, or undocumented immigrants) within the United States is protected by the Constitution and they are entitled to the same “standards of fairness encompassed in due process of law.”
It’s not the protesters or citizen witnesses who are violating the law; it’s the agents working for DHS who are violating the Constitutional Rights granted to even those who have entered this nation unlawfully. I would go so far as to say that their crime is far more egregious than that of one who has overstayed a visa or illegally crossed the border, because neither of those crimes violates the rights of anyone within the United States. If not criminal, what does one call a member of Law Enforcement who breaks the law? Are they not bound by the same set of rules and restrictions as the rest of us?
