In Terry v. Ohio, the Supreme Court held that a stop is a seizure, a temporary restraint on someone’s liberty, and it can only lawfully occur if the police have reasonable suspicion that the stopped person is involved in criminal activity. The government is not entitled to make Terry stops without reasonable suspicion, nor is it entitled to use the rationale of immigration control to justify otherwise unlawful Terry stops. This distinction matters; it’s the difference between law and lawlessness.
Police, whether they work for Immigration and Customs or for a local law enforcement agency, bear the burden of proving the justification for all stops. Just because an immigration officer makes a stop doesn’t automatically make it a roving immigration stop. Instead, we must look to the stated justification for the stop itself. To state the obvious, we don’t walk around with our passports glued to our foreheads. If an officer were to make a street stop only because he had a hunch that someone lacked immigration papers, then that would be the textbook definition of an unlawful Terry stop. It would give the police unbridled discretion to stop people without reasonable suspicion.
Police can’t stop someone just because they think that person is suspicious. They cannot justify a stop because someone looked like they were from another country or lacked lawful status. That is absurd and illegal. They have to point to specific facts that justify restricting someone’s liberty, and that burden of proof matters, because it allows people to question the government’s justification for limiting their freedom, and ultimately, to hold the government accountable for civil rights violations.
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this case may help us get bonds again for detained clients. :)
REBECCA CHEAVES, 02-11-2026
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