Federal Detentions of U.S. Citizens Raise Constitutional Concerns

Federal law enforcement agencies have been detaining U.S. citizens who do not carry proof of citizenship, a practice that civil rights advocates argue violates constitutional rights. This issue came to light following the arrest of a Somali-born man, identified only as Mubashir, in Minneapolis' Cedar-Riverside neighborhood, which has a significant Somali population. During the incident, immigration agents forcibly detained Mubashir, ignoring his claims of citizenship and refusing to accept his REAL ID as valid proof. The arrest was captured on video and has sparked widespread outrage.

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Mubashir was approached by federal agents who were questioning individuals in local businesses about their citizenship status. After being tackled and handcuffed, he spent approximately 20 minutes in a police vehicle, repeatedly asking to show his ID, which was ultimately only accepted after his fingerprint was taken. Following his release, officers instructed him to walk over seven miles home in a snowstorm, prompting criticism of their actions. Mubashir expressed his frustration, stating, “I deserve to be here like anyone else—I’m a US citizen.”

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Legal experts assert that U.S. citizens are not required to carry proof of citizenship at all times, except in specific situations such as driving. Bree Bernwanger, a senior attorney at the ACLU of Northern California, emphasized that without reasonable suspicion of unlawful presence, immigration agents should not detain individuals for citizenship verification. Under the Immigration and Nationality Act (INA), only noncitizens are mandated to carry proof of their legal status.

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In response to the backlash from Mubashir's arrest, Minneapolis Police Chief Brian O'Hara publicly apologized, acknowledging the embarrassment caused by the incident. However, U.S. Border Patrol Commander-at-Large Gregory Bovino claimed on social media that citizens must carry immigration documents, a statement that has been contested by various legal experts and advocates. Jeremy Konyndyk, president of Refugees International, criticized Bovino's assertion, stating that the INA does not require citizens to carry such documents.

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The incident has drawn significant criticism from civil rights advocates and legal experts who argue that the actions of federal agents reflect a troubling trend of detaining U.S. citizens without just cause. Aaron Reichlin Melnick, a senior fellow at the American Immigration Council, described the situation as a "chilling assertion" of authority by immigration enforcement. Reports have indicated that at least 170 Americans have been detained under similar circumstances, raising concerns about the treatment of citizens by immigration authorities.

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Despite the evidence of detentions, top officials, including Homeland Security Secretary Kristi Noem, have denied that U.S. citizens have been detained during the current administration. This has led to accusations of misleading Congress, particularly after Noem left a hearing before addressing questions about citizen arrests. The discrepancy between reported detentions and official denials highlights a significant gap in transparency regarding immigration enforcement practices.

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• “I can’t even step outside without being tackled—no question—because I’m Somali.” — Mubashir, Detained U.S. Citizen

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• “there is no legal requirement that US citizens carry papers or have proof of their citizenship on them.” — Bree Bernwanger, ACLU of Northern California

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• “One must carry immigration documents as per the INA. A REAL ID is not an immigration document,” — Gregory Bovino, U.S. Border Patrol Commander-at-Large

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• “That is a chilling assertion,” — Aaron Reichlin Melnick, American Immigration Council

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