ICE Can Detain You for How You Look, Says Trump Official

By: Paul Goldberg, Senior Editor | JRL CHARTS – LGBT Politics USA

WASHINGTON, D.C — (July 11, 2025) — President Donald Trump’s border czar, Tom Homan, ignited a political firestorm Friday after telling Fox News that ICE and Border Patrol agents don’t need probable cause to detain individuals — only “physical appearance” and “articulable facts.”

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In a segment with Fox’s Griff Jenkins, Homan accused a Biden-appointed judge of trying to block lawful immigration enforcement and claimed agents have wide leeway in who they choose to stop and detain.

“ICE officers and border patrol… they don’t need probable cause,” Homan said. “They just need the totality of the circumstances… the location, the occupation, their physical appearance, their actions.”

He added that someone standing outside a Home Depot could be approached and detained based on how they look or whether they walk away when officers approach — saying it’s all based on “reasonable suspicion,” not probable cause.

Legal Scholars Sound the Alarm

The clip triggered immediate backlash online. Legal advocates, elected officials, and civil rights groups accused the Trump administration of reviving racial profiling in broad daylight.

Immigration rights attorney Aaron Reichlin-Melnick pointed out that while a 1975 Supreme Court ruling once allowed this tactic, it has been largely overturned in the decades since:

Shockingly, there is some truth to this; in 1975, the Supreme Court ruled that racial profiling CAN be legal in immigration stops.

But that decision was based on demographics at the time, and in the 50 years since, courts have invalidated it as used in Latino-heavy communities. https://t.co/tqK6ZajhrB

— Aaron Reichlin-Melnick (@ReichlinMelnick) July 11, 2025

🗣️ Lawmakers: “This Is Profiling, Plain and Simple”

Sen. Alex Padilla (D-CA), a longtime advocate for immigrant and LGBTQ+ Latinx communities, issued a blistering response:

And there you have it.

Under the Trump Administration, ICE and Border Patrol are being empowered to stop and question you based solely on how you look.

No probable cause. No real reason. Just your “physical appearance.”

That’s not justice—it’s profiling. https://t.co/X96XyogK5w

— Alex Padilla (@AlexPadilla4CA) July 11, 2025

Rep. Dan Goldman (D-NY) flatly rejected Homan’s interpretation of immigration law, calling it “patently false” and dangerously authoritarian:

This is patently false.

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. https://t.co/MFdpgs3MfL

— Daniel Goldman (@danielsgoldman) July 11, 2025

DHS Pushes Back — But Questions Remain

DHS spokesperson Tricia McLaughlin released a statement earlier this week denying any allegations of racial targeting:

“Any claims that individuals have been ‘targeted’ by law enforcement because of their skin color are disgusting and categorically FALSE.”

But civil rights advocates argue that Homan’s own words contradict that denial — and that the Trump administration is once again giving ICE and Border Patrol a green light to profile based on race, ethnicity, or perceived immigration status.

Stay with JRL CHARTS LGBT Politics USA for breaking updates on immigration enforcement, racial profiling, and LGBTQ+ civil rights under the Trump administration.