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Notes -
No, that would not be my argument.
I've been talking to a lot of people across a lot of comment chains, so forgive me if you've heard this before:
ICE’s policy is that no one can be lawfully taken into custody, or even questioned, on the basis of skin color. Ethnicity is never on it's own a sufficient basis for probable cause, or even reasonable suspicion. However, several factors when taken together can create reasonable suspicion:
the types of job they worked (people unlawfully present disproportionately work in certain kinds of jobs)
presence at particular locations (people unlawfully present are disproportionately found at certain places, like car washes and construction sites)
language and accent (people unlawfully present disproportionately speak languages other than English, or speak English with a heavy accent)
apparent race or ethnicity.
The Supreme Court agreed with ICE on this assessment that in combination (though not in isolation) these factors can create reasonable basis for a Terry Stop. That using these factors in combination does not count as simple "racial profiling" and does not violate anyone's constitutional rights.
Refusing to cooperate with a Terry Stop, refusing to roll down your window, show ID, get out of the vehicle when asked, etc, are all things that will get you arrested, whether it is ICE or your local beat cop who's trying to talk with you.
For example, here is a video of local police responding to a car crash. They detain a witness for the sole reason that he refused to leave his name and contact information with police. This is actually really normal! Refusing to identify yourself to law enforcement, even in absence of suspicion of committing a crime, will get you detained.
Being questioned in a lawful and constitutional Terry stop can be annoying if it happens once in a while. If it happened every day, that would be a cause for concern that maybe Terry stops are a bad precedent. That is the point I was making here.
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