Border Czar Tom Homan detailed the facts surrounding an Immigration and Customs Enforcement operation targeting two illegal aliens with criminal convictions, explaining how agents conducted the enforcement action and why an individual was temporarily detained during the investigation.
Homan said the operation began with ICE actively searching for two illegal aliens who had prior criminal convictions involving serious offenses.
According to Homan, both individuals posed a danger to the public and were the focus of a targeted enforcement effort.
“Well, let’s look at the facts of that case. So ICE was looking for two illegal aliens with criminal convictions, one sexual assault of a child, the other one domestic violence to include obscenity and sexual assault. So both these people shouldn’t be walking the streets of this nation,” Homan said.
Homan explained that ICE agents identified a vehicle connected to one of the suspects and conducted a traffic stop as part of the operation. He noted that the driver of the vehicle was not one of the individuals ICE was seeking.
“So ICE did a targeted enforcement operation and pulled over a vehicle that was licensed to one of these sexual predators. The driver the car was identified as not being one of them,” Homan said.
According to Homan, the driver provided information that directed ICE agents to a residence where the suspects were believed to be located.
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“But his statement to the officer was, the guy you’re looking for is at the house right now. I left it. I just left that house,” Homan said.
Based on that information, ICE agents proceeded to the residence identified by the driver.
Homan said the agents located an individual who matched the description of one of the suspects but encountered difficulty confirming his identity.
“So ICE went to the house where these two people reportedly living, and they went in there, and they located this individual, this individual who matched the description, but they couldn’t verify its identity, because he was uncooperative,” Homan said.
Homan stated that the individual refused to cooperate with standard identification procedures that would have quickly established who he was.
“He failed to do a fingerprint, a quick fingerprint check. He failed to do facial recognition,” Homan said.
Because ICE agents were unable to verify the individual’s identity at the scene, Homan said the agency detained him temporarily while they worked to determine who he was.
“So ICE detained him till he found out who he was,” Homan said.
Homan emphasized the legal standards governing detention and arrest, explaining that short-term detention for questioning does not require the same level of evidence as an arrest.
“And let’s, let’s make it clear others can detain a US citizen if they have probable cause or this person may have committed a crime,” Homan said.
He further clarified the distinction between detention and arrest under the law.
“And detainment, short detainment and questioning, all you need is reasonable suspicion. If they’re gonna actually arrest a person and charge them, they need probable cause,” Homan said.
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