Border Czar Tom Homan pushed back on CNN host Dana Bash on Sunday when he was asked about previous comments he made about reasonable suspicions regarding ICE agents detaining illegal immigrants.
"You said in an interview this week that reasonable suspicion can be based on, 'the location, their occupation, their physical appearance, their actions.' What about an individual's physical appearance would give immigration agents 'reasonable suspicion' that they might be in the U.S. illegally?" CNN host Dana Bash asked.
Bash and Homan also discussed a judge's ruling that barred ICE from conducting detentive stops in the Central District of California unless agents have "reasonable suspicion" that a person is in the country unlawfully.
"I want to be clear about that again, because my words were taken out of context. Physical description cannot be the sole reason to detain and question somebody. That can't be the sole reason to raise reasonable suspicion. It's a myriad of factors, and I could sit here for the next half hour and give you all the factors," Homan responded.
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"But I can tell you this, every ICE officer goes through Fourth Amendment training every six months and reminded what their authorities are for arrest, detention and questioning. So the officers are very well-trained," Homan continued.
Bash pointed to the ruling and what the judge said did not qualify as reasonable suspicion, including accents or the language they speak, location and their race or ethnicity.
"I'm not going to disagree with everything the judge has said because a location alone shouldn't have reasonable suspicion. It's a combination of articulable facts that an officer determines before he detains somebody for a short period of time and questions them. So again, every case is different. Different articulable facts for different people and different places. So, again, I look forward to litigation. I think we will win this on appeal," Homan said.
Bash then asked Homan if the Trump administration would follow the order until it goes through the appeal process.
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Homan said they would, as Bash went on to ask him a question about people who live in this country legally being afraid of being detained by ICE.
"If they're in the country legally, they got no reason to be afraid. ICE is looking for those in the country illegally, and we're still prioritizing public safety threats to national security threats. That's the priority. But like I said, we do have collateral arrests in many areas because we're out looking for those public safety threats, but we're going to enforce immigration law, too," Homan said.
"It's not okay to be in this country illegally. It's not okay to enter this country illegally. It's a crime. But legal aliens and U.S. citizens should not be afraid that they're going to be swept up in a raid. We know who we're looking for. And that's where the agents are out there seeking," he added.
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Sen. Alex Padilla, D-Calif., also spoke about Homan's remarks during a conversation with Bash on Sunday.
"Homan has said it very clearly in other interviews. They're not even asking for significant findings to detain people. They're going based on appearance. His words, not mine. Based on occupation. His words, not mine. Based on accents, physical appearance," Padilla said.
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