Reply to Homan claims ICE officers ‘don’t need probable cause’ to ‘briefly detain’ people

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[quote=Anonymous]He isn't entirely wrong, though he is unquestionably reading the Court's words too broadly.

"But in theory, individuals apprehended within the interior of the United States by local and state enforcement are entitled to full protection under the Fourth Amendment, without regard to their immigration status.119 This view was reinforced in Arizona v. United States. Although the Supreme Court held that most of the state laws passed to address issues related to the number of undocumented immigrants living in Arizona (S.B. 1070)120 were preempted,121 it declined to hold the section requiring state officers to make a “reasonable attempt . . . to determine the immigration status” of any individual they stop, detain, or arrest on some other legitimate basis if “reasonable suspicion exists that the person is an alien and is unlawfully present in the United States” as facially unconstitutional.122 In the context of Arizona v. Johnson and Illinois v. Caballes, the Court expressed caution that the constitutionality of this section would be questioned if individuals were detained solely to verify their immigration status.123"

https://legal-forum.uchicago.edu/print-archive/policing-police-status-immigration-checks-context-rodriguez-v-united-states[/quote]

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