"People need to understand, ICE officers and Border Patrol, they don't need probable cause to walk up to somebody, briefly detain them, and question them. They just need the totality of the circumstances. They just get through the observations, get articulable facts, based on their location, their occupation, their physical appearance, their actions ... like, a uniformed border police walks up to them at, for instance, a Home Depot, and they've got all these articulable facts, plus the person walks away or runs away — you know, agents are trained — what they need to detain somebody temporarily and question them is not probable cause, it's reasonable suspicion — we're trained on that ... every agent, every six months, gets Fourth Amendment training, over and over again — these officers are really good at what they do...." — Tom Homan . Border Czar of the United States . on Fox News . July 11 2025
It's not racial profiling if it's based on articulable facts like location, occupation, physical appearance, and action.
Our highly trained ICE agents are highly trained to assess some or all of these articulables all or some of the time.
Everything has to start somewhere ... our agents know if they don't start nothing there won't be nothing. We training ICE agents to recognize a threshold of reasonable suspicion using the QuikThreat® Estimator.
Some agents don't need the QuickThreat® card. They come to the job already able to eyeball the situation on the ground and move rapidly forward to walk up to somebody, briefly detain them, and question them. This saves precious time in the field.
But natural talent is not enough, so we train agents in the art and science of situational awareness:
It's not racial profiling if it's based on articulable facts like location, occupation, physical appearance, and action.
Our highly trained ICE agents are highly trained to assess some or all of these articulables all or some of the time.
Everything has to start somewhere ... our agents know if they don't start nothing there won't be nothing. We training ICE agents to recognize a threshold of reasonable suspicion using the QuikThreat® Estimator.
Some agents don't need the QuickThreat® card. They come to the job already able to eyeball the situation on the ground and move rapidly forward to walk up to somebody, briefly detain them, and question them. This saves precious time in the field.
But natural talent is not enough, so we train agents in the art and science of situational awareness:
Location
Am I in the U.S.? Am I at a Home Depot ... 7-11... taco stand ... restaurant ... warehouse ... store ... food processing plant ... school ... medical facility ... farm ... on a public street or sidewalk ... in a park ... a parking lot ... a private yard ... outside an apartment building or other residence ... or anywhere else?
If yes, proceed.
Occupation
[Important: Does the suspect appear to *not* be a U.S. Senator ... Secretary of State ... Florida Governor ... Supreme Court Justice ... or other elected or appointed official? This may be important later if it turns out anyone on the scene is in possession of a video recording device.]
*Do* they appear to be a butcher ... a baker ... a candlestick maker ... a teacher ... a preacher ... a carnival screecher ... a planter ... a cantor ... a Brooklyn Santa ... or anything else....
*Do* they appear to be a butcher ... a baker ... a candlestick maker ... a teacher ... a preacher ... a carnival screecher ... a planter ... a cantor ... a Brooklyn Santa ... or anything else....
If yes, proceed.
Appearance
Is the suspect wearing dungarees ... trousers ... shorts ... pants of any kind ... a tee shirt ... tank top ... collared shirt buttoned to the top, buttoned only at the top, or unbuttoned ... a skirt ... blouse ... dress ... or anything else....
Do they look old ... young ... female ... male ... or anything else....
Do they look like they've been lurking ... working ... shirking... or walking, driving, sitting, standing, or waiting while brown....
Are they still brown?
Do they look old ... young ... female ... male ... or anything else....
Do they look like they've been lurking ... working ... shirking... or walking, driving, sitting, standing, or waiting while brown....
Are they still brown?
If yes, proceed.
Actions
Are they, right now, standing ... sitting ... squatting ... leaning ... cleaning ... talking ... walking ... jogging ... running ... sunning....
Do they make eye contact ... look away ... show you their back ... show you to your table ... give you the side-eye ... the stink-eye ... or the hairy eyeball....
Do they look nervous when you approach, at all....
Do they make eye contact ... look away ... show you their back ... show you to your table ... give you the side-eye ... the stink-eye ... or the hairy eyeball....
Do they look nervous when you approach, at all....
If yes, proceed.
When in Doubt
Unless you're plainly incompetent or egregiously and knowingly break the law, you're pretty much protected by Qualified Immunity....
If you don't know what that means, don't worry about it ... proceed.
Sources
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