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Tom Homan Defends ICE’s Use of Racial Profiling and ‘Reasonable Suspicion’ Detentions

Federal judges are poised to challenge appearance-based stops conducted under a reduced Fourth Amendment threshold.

Acting ICE director Tom Homan  with reporters outside the White House on July 10, 2025.
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Overview

  • Tom Homan told Fox News that ICE officers and Border Patrol agents can detain individuals based on reasonable suspicion drawn from location, occupation, physical appearance and actions rather than probable cause.
  • His acknowledgment of appearance-based criteria has intensified criticism that ICE uses racial profiling to target migrants.
  • A Los Angeles federal judge’s tentative ruling may soon bar ICE from conducting stops and arrests deemed unconstitutional in the city.
  • The administration is pursuing agreements with third countries to accept migrants whose home nations refuse repatriation.
  • Homan conceded he does not know whether eight men deported to South Sudan remain in the country or where they currently reside.