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Illinois U.S. Senator Dick Durbin wrote to Department of Homeland Security (DHS) Secretary Kristi Noem on Friday, telling her he was outraged at “repeated targeting and racial profiling” of American citizens by her agents carrying out “citizen checks.”
In a letter exclusively shared with Newsweek, the Democrat told Noem that statements she and U.S. Border Patrol chief Gregory Bovino had made that U.S. citizens needed to prove their identity were false.
“To state the obvious, we are not a ‘papers, please’ country,” Durbin wrote. “American citizens generally do not have ‘immigration documents’, and to require them to carry such documents to avoid being violently stopped or interrogated by federal immigration agents is absurd and unconstitutional. There is no requirement in the law for U.S. citizens to carry identification to avoid arbitrary arrest and detention.”
Why It Matters
The letter came after Noem spoke to reporters on Thursday, saying that ICE agents may ask U.S. citizens for proof of citizenship during enforcement operations that have seen protesters clash with federal officers and citizens temporarily detained. Some video has shown citizens reacting angrily to such requests, saying they do not need to prove who they are, with concerns around Fourth Amendment protections.
What To Know
“If we are on a target, there may be individuals surrounding that criminal that we may be asking who they are and why they’re there and having them validate their identity,” Noem said Thursday, after questions over why some Americans were being asked for proof of citizenship.
Bovino, who has been the face of DHS’ large-scale operations in Chicago, Charlotte and now Minnesota, has made comments on social media with a similar message, adding that a REAL ID is not proof of citizenship.
Durbin, who has been outspoken over the Trump administration’s actions over the past year already, said he was deeply concerned at Bovino’s comments.
“The founders included explicit protections from unreasonable searches and seizures in the U.S. Constitution to prevent the types of arbitrary and indiscriminate arrests of U.S. citizens that are currently occurring in American cities,” Durbin told Noem, adding that current Supreme Court Justice Brett Kavanaugh had affirmed these protections recently.
“Unfortunately, these caveats have not prevented an escalating number of arbitrary stops, arrests, and detentions of U.S. citizens by federal immigration agents,” the senator added.
He went on to outline multiple incidents in Minnesota alone in the past few weeks, which have seen U.S. citizens detained by federal agents, who at times have been seen using aggressive tactics to do so. Tensions have been especially high in the Twin Cities following the death of Renee Nicole Good, who was shot by an ICE agent on January 7.
“The Department’s cavalier attitude towards the law continues to lead to frequent abuses against American citizens,” Durbin wrote.
The senator also said that agents had approached multiple non-white people in Minneapolis, and elsewhere, and asked where they were born and for their identification, with at least one person told “we are doing a citizen check.”
Under the Immigration and Nationality Act (INA), immigrants in the U.S. are required to carry proof of their status. The rule has not been strictly enforced through fines for several years, but under the Trump administration, there have been a few instances of people being fined for not carrying documentation.
When the rules were tightened, some experts did warn that if one group had to carry documentation, then all people in the U.S. would be affected, even if not legally required to carry proof of nationality.
The Trump administration, including Noem and Bovino, has insisted agents are working within the law to enforce immigration laws and deliver on the president’s promise of mass deportations of illegal immigrant criminals. DHS has also made it clear that it will seek to prosecute anyone who attacks or impedes federal agents in this work.
What People Are Saying
Durbin, in his letter to Noem: “Terrifying experiences like these undoubtedly will become more commonplace for American citizens unless the Department abides by the law and reins in its reckless immigration enforcement operations.
“Please immediately issue a correction to the Department’s false statement that U.S. citizens must carry proof of citizenship and immediately instruct your employees that unconstitutional “citizen checks” are not permitted and must immediately cease.”
Mubashir, a Minnesota community member, to members of Congress Friday: “At no time did any officer ask me whether I was a citizen or if I had any immigration status. They did not ask for any identifying information, nor did they ask about my ties to the community, how long I had lived in the Twin Cities, my family in Minnesota, or anything else about my circumstances.”
Bovino, on X December 11: “One must carry immigration documents as per the INA. A Real ID is not an immigration document.”
Michael McAuliffe, former federal prosecutor and ex-elected state attorney, to Newsweek Thursday: “Standing near someone who may be illegally in the country is not a crime, and is not––alone––grounds to require someone to identify themselves. If one adds to the scenario any facts that might support a suspicion that a person is helping the suspect, or obstructing the agent’s attempts to evaluate the suspect’s status, it could change what the officer can do in terms of seeking identification, requiring someone to move, or detaining the person.”
What Happens Next
As protests and enforcement efforts continue across the U.S., Durbin has called for Noem to respond with information on the questions DHS officials are legally allowed to ask people to determine citizenship, what documents were shared with agents giving the impression they were allowed to carry out “citizen checks,” and what criteria agents are using to determine if there is a reason to believe a person is not legally in the U.S.
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