Trump Border Czar Boasts ICE Can 'Briefly Detain' People Based On 'Physical Appearance'
Source: Huff Post
Jul 11, 2025, 05:22 PM EDT
President Donald Trumps border czar Tom Homan went viral on Friday after practically boasting on TV about all the ways ICE agents and Border Patrol agents can go after suspected illegal immigrants. Homan was being interviewed on Fox News about a potential ruling from a federal judge in Los Angeles over whether the Trump administration could be ordered to pause its ICE raids on immigrants.
He responded by claiming that immigration law enforcers dont actually need probable cause to detain a possible suspect, despite it being a key part of the Constitutions Fourth Amendment.
People need to understand, ICE [Immigration and Customs Enforcement] officers and Border Patrol dont need probable cause to walk up to somebody, briefly detain them, and question them, Homan said. They just go through the observations, get articulable facts based on their location, their occupation, their physical appearance, their actions.
Homan also insisted that if his agents briefly detained someone, its not probable cause. Its reasonable suspicion.
Read more: https://www.huffpost.com/entry/tom-homan-trump-border-czar-claims-ice-can-detain-based-on-looks_n_68715e1de4b00de383c1028a

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Homan: "People need to understand ICE officers and Border Patrol don't need probable cause to walk up to somebody, briefly detain them, and question them ... based on their physical appearance."
10:01 AM · Jul 11, 2025

eShirl
(19,409 posts)TommieMommy
(2,209 posts)CanonRay
(15,447 posts)He made that up.
onenote
(45,504 posts)"Reasonable suspicion" is a well-recognized standard that allows law enforcement to briefly detain someone without having to meet the higher standard of "probable cause." https://www.thefederalcriminalattorneys.com/reasonable-suspicion-vs-probable-cause
Fortunately, the judge in California that just ruled against ICE's practices expressly concluded that ICE was detaining individuals without meeting the reasonable suspicion test for doing so. See page 37 of the opinion.
https://storage.courtlistener.com/recap/gov.uscourts.cacd.975351/gov.uscourts.cacd.975351.87.0.pdf
Lasher
(29,085 posts)Please continue discussion in this earlier thread.
Lasher
(29,085 posts)The earlier thread was in GD, not in LBN. Sorry.
msongs
(71,879 posts)LetMyPeopleVote
(166,964 posts)Tom Homans comments about ICE agents being able to detain people based on their physical appearance will likely make racial profiling concerns worse.
White House border czar suggests ICE can detain people based on âphysical appearanceâ
— Thomas Keepout (@thomasworking.bsky.social) 2025-07-11T16:32:39.771Z
#CorruptTrump
#RacistInChief
www.msnbc.com/rachel-maddo...
https://www.msnbc.com/rachel-maddow-show/maddowblog/white-house-border-czar-suggests-ice-can-detain-people-based-physical-rcna218285
But were often reminded that his rhetorical record is still growing.
https://bsky.app/profile/did:plc:4llrhdclvdlmmynkwsmg5tdc/post/3ltoyyfr5vt2m
Link to tweet
In his latest Fox News appearance, Homan said: Look, people need to understand, ICE officers and Border Patrol dont need probable cause to walk up to somebody, briefly detain them, and question them. They just need totality of the circumstances, right? They just go through the observation, get our typical facts based on the location, the occupation, their physical appearance, their actions.
NBC News reported earlier this year about concerns related to racial profiling as part of the Trumps administration immigration raids, and hearing the White House border czar talk about ICE agents being able to detain people based on their physical appearance will likely make those concerns worse.
What's more, Homan's on-air comments sparked quick pushback from Capitol Hill. Rep. Daniel Goldman said via Bluesky that the border czar's assessment was "patently false."
The New York Democrat added, "DHS has authority to question and search people coming into the country at points of entry. But ICE may not detain and question anyone without reasonable suspicion and certainly not based on their physical appearance alone. This lawlessness must stop."