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Index/Topics/Immigration stops and Fourth Amendment principles

Immigration stops and Fourth Amendment principles

The application of Fourth Amendment principles to immigration stops, including the requirement of reasonable suspicion and the prohibition on relying solely on certain factors such as race or ethnicity.

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Jan 11, 2026

How have courts interpreted ICE’s authority to detain people in public spaces based on reasonable suspicion?

Federal courts have long treated immigration stops as constrained by Fourth Amendment principles: brief, non‑custodial detentions require reasonable suspicion and must be supported by specific, articu...