Are ICE agents racially profiling? DHS, Texas civil rights group weigh in

HARLINGEN, Texas (ValleyCentral) — A recent Supreme Court ruling no longer restrains U.S. Immigration and Customs Enforcement agents from stopping people based on their race, language, job, or location.

In a statement, the Department of Homeland Security said:

"Allegations that ICE law enforcement officers are engaging in 'racial profiling' are disgusting and categorically false. This type of garbage is contributing to our officers facing a 1,000% increase in assaults against them. What makes someone a target for immigration enforcement is if they are illegally in the U.S.— NOT their skin color, race, or ethnicity.

Under the Fourth Amendment of the U.S. Constitution, DHS law enforcement uses “reasonable suspicion” to make arrests. There are no “indiscriminate stops” being made.

DHS stated that the Supreme Court applied longstanding precedent regarding what qualifies as “reasonable suspicion” under the Fourth Amendment. What makes someone a target of ICE is if they are illegally in the U.S. DHS enforces federal immigration law without fear, favor, or prejudice.

Meanwhile, the Texas Civil Rights Project said there's been racial profiling all along. The nonprofit said these new parameters may spark alarming trends.

"The Supreme Court's decision doesn't only affect immigration law enforcement, it also affects the standard for reasonable suspicion for local law enforcement and police," said Dustin Rynders, TCRP legal director.

"Despite the statement that they gave you, what their arguments in court were, we stopped or arrested those individuals for this combination of factors: ethnicity, language, either Spanish speaking or speaking English with an accent," Rynders said.

Low-wage-paying job sites are places, Rynders said, that ICE agents tend to frequent. He added that those who are undocumented need to be careful with where they visit.

"It is incredibly important that they do what they can to avoid being in places that they are likely to be stopped by law enforcement," said Rynders. "Do not drive a car that does not have current registration, do not speed, do not drive with a broken traffic light."

For individuals who believe they may be at risk of being profiled, Rynders advised carrying documents that demonstrate their legal status, such as a passport.