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“There is no legal requirement that US citizens carry papers or have proof of their citizenship on them," said an attorney at the ACLU of Northern California.
Federal law enforcement agencies are detaining US citizens who do not carry proof of their citizenship in what civil rights advocates describe as a flagrant violation of constitutional rights—and a top Trump administration official is claiming the government has the authority to do so.
A Somali-born Minnesota man was alarmed by the practice last Tuesday when immigration agents tackled him, handcuffed him, and arrested him, refusing to accept his REAL ID as proof of his legal residence in a video that was widely circulated on social media.
The man, who identified only as Mubashir, was placed into a chokehold and forced to his knees in the snow on his way to get food in Minneapolis' Cedar-Riverside neighborhood, which has a large Somali population.
As the Sahan Journal describes:
Mubashir said he told officers multiple times that he is a US citizen and asked if he could show them his ID. Officers ignored him, dragged him in the snow, and pushed him into a car as witnesses yelled and blew whistles, according to the video of his arrest.
The arrest occurred as federal agents walked into nearby businesses in the Somali-heavy neighborhood, questioning people and asking them to show their passports. Mubashir said he was in the car with officers for about 20 minutes, asking them repeatedly if he could show them his ID. They refused, he said.
According to the report, officers asked if they could photograph Mubashir to check whether he's a US citizen—likely to run his information through a facial recognition application that the Department of Homeland Security (DHS) has acknowledged it uses during immigration stops, including on US citizens without their consent.
Mubashir declined to have his photo taken, asking: "How would a picture prove I’m a US citizen?”
He was later taken to a federal building that houses an immigration court and Immigration and Customs Enforcement (ICE) offices. Only after having his fingerprint taken was Mubashir allowed to present his ID and given permission to leave.
Officers refused to drop him back off at Cedar-Riverside, instead telling him to walk home more than seven miles in the midst of a snowstorm, which had led authorities to issue a weather advisory.
“I deserve to be here like anyone else—I’m a US citizen,” Mubashir said. “I can’t even step outside without being tackled—no question—because I’m Somali.”
"I apologize that this happened to you in my city, with people wearing vests that say 'police.' That's embarrassing," Minneapolis Police Chief Brian O'Hara said to Mubashir during a press conference on Wednesday.
According to legal experts, there is no requirement under US law that American citizens must be prepared to prove their citizenship at a moment's notice.
In comments to KQED, a public radio station in San Francisco, earlier this month, Richard Boswell, a law professor at the University of California Law School, called it “most troubling” that US citizens have felt the need to carry their ID to avoid harassment.
“There is no reason why government officers can or should be questioning people about their citizenship without any reason to suspect that they are noncitizens who are here unlawfully,” he explained.
Under the Immigration and Nationality Act (INA), noncitizens must carry proof of their legal status, such as a green card or a foreign passport with stamps indicating a lawful visa.
About two dozen states require residents to identify themselves if stopped by law enforcement. But none require citizens to carry a physical ID at all times, except in specific cases, such as operating a motorized vehicle.
And, as Bree Bernwanger, a senior attorney at the ACLU of Northern California, explained, “there is no legal requirement that US citizens carry papers or have proof of their citizenship on them." Unless police have reasonable suspicion that a person is in the US unlawfully, she said, "there shouldn’t be a reason to have to carry your papers, because immigration agents aren’t supposed to stop people or detain them."
But as backlash rolled in from the video of Mubashir's arrest, the man leading Trump's mass deportation crusade, US Border Patrol Commander-at-Large Gregory Bovino, seemed to falsely suggest via social media that citizens are required to carry proof of their citizenship.
"One must carry immigration documents as per the INA. A REAL ID is not an immigration document," he wrote in response to a post about Mubashir's arrest, which noted his citizenship.
Jeremy Konyndyk, the president of Refugees International, responded that "in no way does the INA require citizens to carry immigration documents" and that Bovino is "just letting his jackboot thugs presumptively detain whomever they like."
Add to this that HSI just filed a declaration in our case challenging these policies saying they can’t trust REAL IDs as proof of status.So showing your papers isn’t even enough to end the stop.
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— Jared (@jaredmcclain.bsky.social) December 12, 2025 at 1:54 PM
Immigration lawyer Jared McClain later noted on social media that, in response to a class-action suit arguing against indiscriminate workplace raids, Homeland Security Investigations (HSI) argued that an Alabama construction worker, who was kept in handcuffs even after presenting multiple REAL IDs to agents, had still not done enough to prove his citizenship, according to the federal officers.
"This is the official policy—not a one-off," McClain said.
Aaron Reichlin Melnick, a senior fellow at the American Immigration Council, said the filing was "official confirmation that ICE HSI believes that it can, in fact, detain US citizens for immigration checks, and keep them handcuffed while they have their biometrics run."
"That is a chilling assertion," he said.
ProPublica found in October that at least 170 Americans have been detained by immigration agents, sometimes for days, with some having been "dragged, tackled, beaten, tased, and shot."
But months after the report was published, top administration officials—including Homeland Security Secretary Kristi Noem—continue to emphatically deny that any US citizens have been detained during the second Trump administration.
At a House Homeland Security Committee hearing on Thursday, Noem abruptly left before Democrats could grill her on reports that citizens had been arrested, claiming she had to speak at a different committee hearing. Reports later found that the hearing had already been cancelled, leading to accusations that Noem misled Congress.
In response to Bovino's assertion that REAL IDs are not immigration documents, Nicole Foy, a reporter at ProPublica, told the Border Patrol commander: "We've been trying to request an interview with you for months now about the enforcement operations you're leading and the detention of US citizens."
"Why does a US citizen need to carry immigration documents?" she asked. At press time, Bovino had not publicly responded to Foy's question.
A new analysis warns the president's assault on immigrants risks setting off "a cascading crisis in senior and disability care that will harm families across the economic spectrum."
An analysis released Monday provides a more focused look at the economic impacts of US President Donald Trump's lawless mass deportation agenda, estimating that his administration's policies could kill nearly 400,000 jobs in the direct care industry, which employs home health aides, nursing assistants, and others.
The Economic Policy Institute (EPI) analysis shows that if the Trump administration achieves its stated goal of deporting one million people per year over the next four years, "the direct care industry would lose close to 400,000 jobs—affecting 274,000 immigrant and 120,000 US-born workers."
"This dramatic reduction in trained care workers would compromise home-based care services, forcing family members to scramble for informal arrangements to support relatives who are older or have disabilities," wrote EPI's Ben Zipperer, the author of the new analysis.
The estimate builds on earlier EPI research warning that Trump's deportation policies could destroy nearly 6 million total jobs in the US, an economic impact that comes in addition to the pain and human rights abuses inflicted on families across the country.
So far, according to the Department of Homeland Security, the administration is on pace for fewer than 700,000 deportations by the end of 2025—well short of its goal.
But it's not for lack of trying: In recent months, masked agents have been rampaging through American cities and detaining people en masse, often targeting job sites. Immigration agents have reportedly been instructed to prioritize "quantity over quality," leading to the detention of mostly people with no criminal convictions.
"Rather than creating jobs for U.S.-born workers as proponents claim," he added, "mass deportations eliminate employment opportunities for citizens and immigrants alike."
Recent research indicates that Trump's mass deportations are harming local economies across the US. Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, noted in August that "the early warning signs show a growing labor shortage, rising prices, terrified employees, and employers left in the lurch without any tools to ensure workforce stability."
"Should these operations continue unabated over the next three and a half years," he continued, "the situation could become far worse for the nation as a whole."
Zipperer wrote Monday that the direct care sector is "highly vulnerable to these enforcement actions," as it "relies heavily on immigrant labor."
"The Trump administration’s deportation agenda threatens to trigger a cascading crisis in senior and disability care that will harm families across the economic spectrum," Zipperer warned. "If the direct care workforce contracts by nearly 400,000 workers due to deportations, millions of older adults and people with disabilities will be left without the professional assistance they need to remain safely in their homes."
"Rather than creating jobs for U.S.-born workers as proponents claim," he added, "mass deportations eliminate employment opportunities for citizens and immigrants alike while dismantling a care infrastructure that seniors, people with disabilities, and families depend on."
You could have been born here, gone to school here, worked here, served in this country’s military, followed the laws, learned the language and history, and yet still not be American enough to belong.
On December 4, Senators Dick Durbin and Lisa Murkowski reintroduced the bipartisan Dream Act to Congress—24 years after it was first introduced. If passed, it would create a pathway for citizenship for people who were brought to the US as children and meet certain requirements.
The Dream Act, whether now or in 2001, is a commonsense measure. Even if one believes that undocumented immigrants have committed a crime, their children are innocent. To meet the eligibility requirements, they must have proficiency in English; be knowledgeable of US history; not have committed any serious crimes; and have either served in the military, worked, or gained an education. These are not the “illegal alien gang members” that President Donald Trump insists must be deported.
Trump himself acknowledges this. In a 2024 interview with Kristen Welker, he said, “In many cases, they become successful. They have great jobs. In some cases, they have small businesses, some cases they might have large businesses. And we’re going to have to do something with them.” When Welker asked him to clarify whether he wants “them to be able to stay,” he replied, “I do.”
Unfortunately, that doesn't matter. The Dream Act will fail again. Trump’s Department of Homeland Security has already tried to strip 525,000 DACA recipients of their benefits this year. DHS Assistant Press Secretary Tricia McLaughlin has even urged recipients to self-deport, noting that they “are not automatically protected from deportations.”
What it means to be an American is not something Trump gets to decide.
In fact, Trump is one Supreme Court decision away from creating a new class of Dreamer.
On December 5, the Supreme Court agreed to hear Trump’s challenge to birthright citizenship. His executive order would deny citizenship to children born in the US of undocumented immigrants or those on temporary visas.
Those children, despite being born here, will effectively become neo-Dreamers. Another group of people whom the US government would be failing to recognize and protect. The major difference between Dreamers and these neo-Dreamers would be the basis of their belonging—the reason why, despite everything, they are Americans.
The Dreamers are American by virtue of having lived and built a life here. Their identity, values, and communities are tied to the US. As Marie Gonzalez-Deel explains, “No matter what, I will always consider the United States of America my home. I love this country. Only in America would a person like me have the opportunity to tell my story to people like you. Many may argue that because I have a Costa Rican birth certificate, I am Costa Rican and should be sent back to that country. If I am sent back there, sure I'd be with my Mom and Dad, but I'd be torn away from loved ones that are my family here, and from everything I have known since I was a child.” The Dreamers are American by action and deed.
For the neo-Dreamers, the justification would rest largely on the legality and constitutionality of their birthright claim. The neo-Dreamers would be American by right.
The Dreamers and neo-Dreamers represent two different ways of conceptualizing what it means to be an American. Yet, for the Trump administration, neither is sufficient. You could have been born here, gone to school here, worked here, served in this country’s military, followed the laws, learned the language and history, and yet still not be an American. But then, who is?
Trump claims that he’s “America First.” But who exactly is he putting first? Whether it's defunding the Supplemental Nutrition Assistance Program, letting Obamacare subsidies expire, limiting states’ ability to regulate artificial intelligence, conducting military-style raids in American cities, rolling back Environmental Protection Agency air quality protections, recommending controversial vaccine schedules, imposing tariffs that raise prices for everyone, eliminating the SAVE student loan repayment plan, or dismantling the Consumer Financial Protection Bureau, his policies overwhelmingly harm US citizens and immigrants alike.
In Trump’s America, only the Trump family and the ultra wealthy benefit. So perhaps instead of focusing on him, we should start thinking about what we, as Americans, think about who we are and what we represent. I’ll start: To me, Americans have contributed to the US and allowed the US to shape their lives and sense of self. By contributing, I don’t simply mean in the economic sense. Cultural and interpersonal contributions are just as if not more significant. We are more than laborers. The value we add to our communities cannot be reduced to GDP or market value.
By shaping their lives and sense of self, I don’t simply mean assimilation or acculturation. Being with others is always a two-way street. Each of us enriches the lives of others, and our lives are enriched in turn. We grow together.
A community, at its core, is a collective achievement. Citizens and immigrants, in many diverse ways, work together to maintain and nourish that achievement. We build together. Whatever problems we face, we solve them together. And yes, sometimes, we stumble and lose our way together. Progress is not a straight line. But we must never lose sight of who we are and what we represent.
What it means to be an American is not something Trump gets to decide. It’s our country, we decide.