Illinois Democratic Senator Dick Durbin wrote to Department of Homeland Security (DHS) Secretary Kristi Noem on Friday, saying he was outraged by what he called “repeated targeting and racial profiling” of American citizens during immigration enforcement operations that include so-called “citizen checks.”
In a letter shared with Newsweek, Durbin said public statements from Noem and U.S. Border Patrol chief Gregory Bovino—suggesting U.S. citizens may need to prove their identity—were inaccurate.
“To state the obvious, we are not a ‘papers, please’ country,” Durbin wrote. “American citizens generally do not have ‘immigration documents’, and to require them to carry such documents to avoid being violently stopped or interrogated by federal immigration agents is absurd and unconstitutional. There is no requirement in the law for U.S. citizens to carry identification to avoid arbitrary arrest and detention.”
Why It Matters
Durbin’s letter follows comments Noem made Thursday, when she said federal agents may ask U.S. citizens for proof of citizenship during enforcement operations—efforts that have coincided with protests, clashes with federal officers, and reports of citizens being temporarily detained. Videos circulating online show some Americans reacting angrily to requests for identification, arguing they do not have to prove who they are and raising concerns about Fourth Amendment protections.
What To Know
Noem said Thursday that agents might question people near a target during an operation.
“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.
Durbin also pointed to Bovino’s public messaging, including a statement that a REAL ID is not proof of citizenship. The senator said he was deeply concerned by what he described as DHS leadership signaling that Americans must be prepared to “validate” citizenship during enforcement activity.
Durbin argued that the Constitution’s protections against unreasonable searches and seizures were designed to stop “arbitrary and indiscriminate arrests,” and he said those safeguards should apply in the current climate as well. He added that, despite those protections, he believes there has been “an escalating number of arbitrary stops, arrests, and detentions of U.S. citizens by federal immigration agents.”
The senator cited multiple incidents in Minnesota in recent weeks in which U.S. citizens were detained by federal agents, sometimes using aggressive tactics. Tensions have been especially high in the Twin Cities following the death of Renee Nicole Good, who was shot by an ICE agent on January 7.
“The Department’s cavalier attitude towards the law continues to lead to frequent abuses against American citizens,” Durbin wrote.
Durbin also said agents approached multiple non-white people in Minneapolis and elsewhere, asking where they were born and requesting identification. He said at least one person was told, “we are doing a citizen check.”
Under the Immigration and Nationality Act (INA), immigrants in the U.S. are required to carry proof of their status. While that rule has not been strictly enforced through fines for several years, there have been some recent instances of people being fined for not carrying documentation. When enforcement tightened, some experts warned that requiring one group to carry documentation could create broader real-world pressure on everyone to carry papers, even if U.S. citizens are not legally required to carry proof of nationality.
The Trump administration, including Noem and Bovino, has said agents are operating within the law as they enforce immigration policy and pursue mass deportations of illegal immigrant criminals. DHS has also said it will seek to prosecute anyone who attacks or impedes federal agents during enforcement actions.
What People Are Saying
Durbin, in his letter to Noem: “Terrifying experiences like these undoubtedly will become more commonplace for American citizens unless the Department abides by the law and reins in its reckless immigration enforcement operations.
“Please immediately issue a correction to the Department’s false statement that U.S. citizens must carry proof of citizenship and immediately instruct your employees that unconstitutional “citizen checks” are not permitted and must immediately cease.”
Mubashir, a Minnesota community member, to members of Congress Friday: “At no time did any officer ask me whether I was a citizen or if I had any immigration status. They did not ask for any identifying information, nor did they ask about my ties to the community, how long I had lived in the Twin Cities, my family in Minnesota, or anything else about my circumstances.”
Bovino, on X December 11: “One must carry immigration documents as per the INA. A Real ID is not an immigration document.”
Michael McAuliffe, former federal prosecutor and ex-elected state attorney, to Newsweek Thursday: “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. If one adds to the scenario any facts that might support a suspicion that a person is helping the suspect, or obstructing the agent’s attempts to evaluate the suspect’s status, it could change what the officer can do in terms of seeking identification, requiring someone to move, or detaining the person.”
What Happens Next
With protests and enforcement operations continuing across the U.S., Durbin is asking Noem to respond with details on what DHS officials are legally allowed to ask people when determining citizenship, what guidance may have led agents to believe “citizen checks” were permitted, and what criteria agents are using to decide whether there is reason to believe a person is not legally in the U.S.
