• Homeland Security chief says ICE may demand proof from anyone near enforcement operations
• Legal experts call statement unconstitutional violation of Fourth Amendment rights
• Controversy erupts after U.S. citizens wrongly detained across multiple states

WASHINGTON (TDR) — Homeland Security Secretary Kristi Noem ignited a constitutional firestorm Thursday by telling reporters Americans should be prepared to prove their citizenship when encountering Immigration and Customs Enforcement agents conducting operations, drawing immediate condemnation from legal scholars who warn the practice violates fundamental constitutional protections.

Speaking outside the White House on January 15, Noem defended ICE agents who have been asking Americans for identification documents during enforcement raids in Minnesota and across the nation.

“In every situation we are doing targeted enforcement. If we are on a target, there may be individuals surrounding that criminal that we may be asking who they are and why they’re there and having them validate their identity,” Noem said in response to questions about viral videos showing federal agents demanding papers from bystanders.

Constitutional Scholars Condemn Practice

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Paul Gowder, professor of law at Northwestern University, told Newsweek the statement contradicts established constitutional law.

“The idea that Americans would have to carry proof of identity is a legacy of some of the worst dictatorships of the 20th century,” Gowder said.

Joshua Windham, senior attorney at the Institute for Justice, challenged Noem’s claims.

“The notion that DHS is always doing targeted enforcement is simply false. There are countless reports and videos of DHS officers stopping and questioning people about whom they have no prior information,” Windham said.

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Former federal prosecutor Shanlon Wu warned the practice threatens all Americans.

“ICE believes racial and ethnic appearance is sufficient to meet that standard. Moreover their tactics make it hard to force them to ever demonstrate that legal pre-requisite,” Wu said.

U.S. Citizens Wrongly Detained Nationwide

Noem’s comments came amid mounting evidence that ICE agents have detained American citizens across the country, contradicting her previous claims that no Americans have been arrested.

In Minnesota, video captured ICE agents violently detaining two Target employees who could be heard stating they were citizens as agents threw them to the ground. A state lawmaker later confirmed both were U.S. citizens.

NPR reporter Sergio Martínez-Beltrán described witnessing federal agents conducting random stops unrelated to any enforcement operation.

“A few days ago, I witnessed how immigration agents stopped at a parking lot and asked drivers charging their electric cars for proof of citizenship or legal status,” Martínez-Beltrán reported.

A Congressional investigation revealed that more than 170 U.S. citizens have been held by immigration agents, with some detained for days despite showing valid identification documents.

Fourth Amendment Violations Alleged

The Fourth Amendment protects Americans from unreasonable searches and seizures, requiring probable cause before demanding identification.

Michael McAuliffe, former federal prosecutor, emphasized constitutional limits on ICE authority.

“Standing near someone who may be illegally in the country is not a crime, and is not—alone—grounds to require someone to identify themselves,” McAuliffe explained.

Lawmakers Condemn “Papers Please” Policy

Democratic lawmakers immediately denounced Noem’s statement as un-American.

Senator Catherine Cortez Masto of Nevada condemned the practice on social media.

“The footage of Americans in Minneapolis being forced to provide proof of their citizenship because of the color of their skin or the language they’re speaking is repugnant,” Cortez Masto wrote.

Senator Dick Durbin of Illinois emphasized fundamental American principles.

“No American is required to CARRY proof of citizenship. We don’t live in a ‘papers, please’ country,” Durbin stated.

Tensions Escalate After Minneapolis Shooting

The controversy intensified following the January 8 fatal shooting of Renee Nicole Good, a 37-year-old mother of three, by an ICE agent in Minneapolis. City leaders said Good was present as a legal observer monitoring the operation when she was killed.

Noem maintained that ICE agents follow proper protocols despite mounting evidence of constitutional violations.

“Every single action that our ICE officers take is according to the law and following protocols that we have used for years. They are doing everything correctly,” Noem claimed.

Will Americans accept carrying identification documents to prove citizenship in their own country, or will constitutional challenges halt the controversial practice?

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