At a Glance
- Immigration officers can now stop people based on racial profiling after a September Supreme Court decision.
- U.S. citizens are only legally required to show proof of citizenship when entering the country or applying for certain jobs.
- No national ID requirement exists, though carrying proof could prevent wrongful detention.
- Why it matters: Americans in Minnesota report being asked for citizenship papers, raising fears of unconstitutional stops.
Homeland Security Secretary Kristi Noem refused to clarify this week why American citizens in Minnesota were being asked to prove their citizenship status, prompting News Of Losangeles to examine when Americans are legally required to show such documentation.
When Citizens Must Show Papers
Ahilan Arulanantham, professor and co-director of UCLA School of Law’s Center for Immigration Law and Policy, told Olivia M. Hartwell that U.S. citizens have minimal legal obligations to carry citizenship proof.
Legal requirements include:
- Entering the country
- Applying for certain jobs that mandate citizenship verification
No obligation exists when law enforcement approaches someone without reasonable suspicion of a crime, Arulanantham explained. Most Americans aren’t required to carry identification, with driving being a notable exception requiring a driver’s license.
The Racial Profiling Loophole
The legal landscape shifted dramatically in September when the Supreme Court ruled in favor of the Trump administration’s emergency request. This decision allows immigration officers to resume roving patrols specifically targeting people of Latino origin.
Key facts about the ruling:
- Immigration officers can detain individuals briefly to determine lawful presence
- Officers must have reasonable suspicion of immigration violations
- The Supreme Court permitted stops based on racial profiling
- Existing court precedents restricting racial profiling remain technically valid
Justice Sonia Sotomayor noted this contradiction in her dissenting opinion, highlighting that while restrictions against racial profiling remain on the books, the new enforcement practices ignore them.
Living In Legal Limbo
Arulanantham described the current situation as “a strange moment where there seems to be a gap between what the legal rules are and what’s actually sort of operational on the ground.”
This gap creates practical dangers for Americans who appear Latino. Carrying proof of citizenship could prevent illegal arrest for those who might be profiled, despite no legal requirement to do so.
Your Rights During Encounters
If confronted by immigration officers, Arulanantham offered specific guidance:
What to do if arrested:
- Don’t sign any documents, even under coercion
- Don’t physically resist orders
- Call a relative who can produce citizenship documents
- Contact a lawyer as soon as possible
What not to do:
- Don’t scream or shout
- Don’t physically resist
- These actions could result in criminal charges
America’s Anti-Registry History
The United States maintains no national citizen registry, a deliberate choice dating back decades. The closest equivalent, the Social Security system created in 1935, faced privacy concerns from its inception.
“That’s not an accident,” Arulanantham noted. “That’s a product of the fact that it’s historically meant not to be a show-me-your-papers country.”
This historical principle clashes with current enforcement practices, creating uncertainty for citizens navigating interactions with immigration authorities.
Key Takeaways:
- The September Supreme Court decision fundamentally changed immigration enforcement
- Americans face no legal requirement to carry citizenship proof in most situations
- Racial profiling now serves as legitimate grounds for stops
- Citizens should understand their rights while avoiding actions that could lead to criminal charges
