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Noem Defends ICE Tactics, Says Agents May Ask Nearby Individuals to Verify Identity

Legal experts argue that requiring citizenship papers without reasonable suspicion violates the Fourth Amendment.

Overview

  • Speaking outside the White House, DHS Secretary Kristi Noem said ICE uses targeted enforcement and may question people near a target to validate their identity.
  • Reporters asked whether Americans should carry proof of citizenship or if ICE can demand papers absent reasonable suspicion, and Noem did not directly answer.
  • CNN legal analyst Elie Honig said it is unlawful to require people to show citizenship papers without reasonable suspicion for an immigration stop.
  • Honig cited a September 2025 concurring opinion by Justice Brett Kavanaugh reaffirming that immigration officers must have reasonable suspicion to stop, detain, or question someone.
  • In Minnesota, recent ICE operations have included agents asking protesters and legal observers for identification following the Jan. 7 shooting of Renee Nicole Good.