Legal experts weigh in on federal agents making random stops, what to do if it happens to you
Whether it is a publicity stunt or a legitimate crackdown on immigration, what does the law say about federal agents randomly stopping people to question them?
Some legal experts are weighing in.
"We are looking very closely at that video and gathering more evidence to potentially bring follow on litigation around this issue of the stop piece of it," said Mark Fleming with the National Immigration Justice Center.
The National Immigration Justice Center has already taken legal action against the Trump administration for unlawful arrests, including a recent Elgin raid where a U.S. citizen was detained. As for random stops, law experts say the U.S. Supreme Court allows federal agents to stop and question someone only if they have a "reasonable suspicion" that person in the U.S. without authorization.
"I would argue that it's not reasonable even to stop somebody for questioning solely based on their ethnicity and the language they speak," said Northwestern Pritzker School of Law Prof. Paul Gowder.
Northwestern Pritzker School of Law Professor Paul Gowder says racial profiling is not a reasonable suspicion in a city like Chicago, with a large Latino population. In an emergency ruling, the Supreme Court did allow profiling to continue on California. However, experts say the ruling only applies to that specific case. In the meantime, lawyers say if you are stopped, stay silent.
"You say that 'I do not want to answer any of your questions unless I can speak to an attorney,' and 'Am I permitted to leave?'" Fleming said.
The National Immigrant Justice Center is urging people to video tape and document any interaction with federal immigration agents. Attorneys say documentation is key in their fight to uphold the Fourth Amendment. Click here for more.






