"Importantly, reasonable suspicion means only that immigration officers may briefly stop the individual and inquire about immigration status. If the person is a U. S. citizen or otherwise lawfully in the United States, that individual will be free to go after the brief encounter. Only if the person is illegally in the United States may the stop lead to further immigration proceedings."
"To give just one example, Plaintiff Jason Brian Gavidia is a U.S. citizen who was born and raised in East Los Angeles and identifies as Latino. On the afternoon of June 12, he stepped onto the sidewalk outside of a tow yard in Montebello, California, where he saw agents carrying handguns and military-style rifles. One agent ordered him to "Stop right there" while another "ran towards [him]." The agents repeatedly asked Gavidia whether he is American—and they repeatedly ignored his answer: "I am an American.""
Brett Kavanaugh asserted that reasonable suspicion permits immigration officers to briefly stop individuals to inquire about status and that U.S. citizens or lawfully present people will be free to leave after the encounter, with further proceedings only if the person is illegally present. Documented incidents contradict that claim. Accounts describe agents stopping and questioning people who identify as Latino, carrying firearms, ignoring declarations of citizenship, and asking intrusive birth-hospital questions. One example recounts Jason Brian Gavidia, a U.S. citizen from East Los Angeles, being ordered to stop, approached by armed agents, repeatedly asked if he was American, and having his "I am an American" response ignored, indicating racial profiling and improper detention.
Read at Above the Law
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