President Donald Trump’s hand-picked border czar, Tom Homan, is facing backlash from legal and political experts after asserting that Immigration and Customs Enforcement agents do not need “probable cause” to detain individuals—and can do so based on factors like “personal appearance.”
“Look, people need to understand,” Homan told Fox News on Friday. ICE officers “don’t need probable cause to walk up to somebody, briefly detain and question them.”
“They just need to tally the circumstances, right?” he claimed. “They just go through their observation, you know, get out typical facts based on the location, the occupation, their physical appearance, their actions.”
“A uniformed border police officer walks up to them, for instance, at a Home Depot. And they got all these … facts, plus the person walks away or runs away,” Homan said, offering one scenario. “Agents are trained. What they need to detain somebody temporarily and question them.”
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“It’s not probable cause,” he insisted. “It’s reasonable suspicion.”
“We’re trained on that. Every agent, every six months, gets Fourth Amendment training over and over again,” Homan said.
Legal experts blasted Homan’s remarks.
Professor of Law, former U.S. Attorney and MSNBC/NBC News legal analyst Joyce Vance summed up Homan’s remarks: “Racial profiling.”
“This is patently false,” declared U.S. Rep. Daniel Goldman (D-NY), also an attorney, “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.”
Attorney and California Democratic state Senator Scott Wiener charged, “This is literally the definition of a white nationalist police state.”
U.S. Rep. Yvette Clark (D-NY) warned, “Trump’s thugs will racially profile you, then go on national television to brag about getting away with it.”
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Attorney and CNN legal analyst Jeffrey Evan Gold explained, “Walking up to people (without threatening) is legal. But ‘detaining’ people without ‘reasonable suspicion’ of criminal or quasi-criminal activity is illegal. Racial profiling is not cause for the required reasonable suspicion. ‘Let me see your papers’ is un-American.”
U.S. Senator Alex Padilla (D-CA), who, in a highly-publicized incident was forcibly removed and handcuffed by federal agents at a DHS press conference, wrote: “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.”
“They’re saying the quiet part out loud now,” wrote New York Democratic State Senator Gustavo Rivera. “Don’t get it twisted: if we let them keep doing this, they’ll find a reason to come for ANY ONE OF US soon enough.”
“THEY ARE ADMITTING IT,” wrote David J. Bier, Cato Institute Director of Immigration Studies and an expert on legal immigration, border security, and interior enforcement. “Homan is admitting to participating in a criminal conspiracy against the Constitution of the United States,” he alleged.
Max Flugrath, communications director for Fair Fight Action, wrote: “Trump’s Border Czar and Project 2025 contributor says ICE can detain anyone based on ‘suspicion’ and physical ‘appearance.’ That’s not immigration policy, it’s fascism.”
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