"PAMELA BROWN: She also said that in every encounter ICE agents have done exactly what they should do under the law and that these are targeted operations and that everything is done correctly. And she was asked, I believe it was by NBC's Peter Alexander, if when these ICE agents go up to protesters and ask for their papers, whether that is considered a targeted operation and whether people should be bringing their papers with them and their ID. And she said, yes, U.S. Citizens should be prepared to provide proof."
"ELIE HONIG: Well Pam, that's wrong. It's illegal and it's unconstitutional to require people to show their citizenship papers without some other basis to make a stop. So let me be clear. In order to stop somebody, detain them, question them for immigration purposes, an officer has to have reasonable suspicion. Now that's a fairly low bar."
Homeland Security Secretary Kristi Noem defended ICE operations and stated that U.S. citizens should be prepared to provide proof of citizenship when approached. CNN legal analyst Elie Honig rejected that position, saying it is illegal and unconstitutional to demand citizenship papers without some other basis for a stop. Honig explained that an officer must have reasonable suspicion to stop, detain, or question someone for immigration purposes. Reasonable suspicion is a lower threshold than probable cause but is still required before immigration detentions. The exchange occurred amid protests and questions about First Amendment–protected activity and targeted enforcement.
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