Fact check: Can ICE agents detain someone based solely on appearance or accent?

1. Summary of the results

The legal and practical reality of ICE detentions presents a significant contrast. While legally, ICE agents are explicitly prohibited from detaining individuals based solely on appearance or accent due to Fourth Amendment protections ^[1], documented evidence shows that racial profiling has been a widespread practice in ICE operations ^[2].

2. Missing context/alternative viewpoints

Several crucial contextual elements need to be considered:

• The Supreme Court has made a specific exception for border areas, where racial appearance can be considered as one factor among others, but cannot be the sole basis for detention ^[1]
• Statistical evidence reveals concerning patterns of discrimination:

Latino vehicle occupants were 26 times more likely to be asked for identification at border checkpoints in 2014 ^[3]

A 2012 Department of Justice investigation uncovered explicit racial targeting, including instructions from a sheriff to deputies to target "taco eaters" ^[3]

• The 287(g) program, which allows cooperation between ICE and local law enforcement, has been particularly problematic in terms of racial profiling practices ^[2]

3. Potential misinformation/bias in the original statement

The question itself oversimplifies a complex issue where there's a significant gap between:

• Legal Framework: Which clearly prohibits such practices and requires "reasonable suspicion" beyond racial characteristics ^[1]
• Practical Implementation: Where documented evidence shows widespread racial profiling despite legal prohibitions ^[2]

Different stakeholders have varying interests in this debate:

• Civil rights organizations like the ACLU benefit from exposing these practices to protect civil liberties ^[2]
• Law enforcement agencies benefit from maintaining broader discretionary powers in their operations
• Immigration advocacy groups benefit from highlighting the disparity between legal protections and actual practices