At a Glance
- Immigration officers can now stop people based on “essentially racial profiling,” a UCLA legal scholar says.
- U.S. citizens normally must show proof of citizenship only when entering the country or applying for certain jobs.
- September Supreme Court decision allowed roving patrols that target people of Latino origin.
- Why it matters: Americans who “could be profiled” may avoid wrongful arrest by carrying citizenship documents, even though the law does not require it.
News Of Philadelphia asked a simple question this week: when, if ever, must Americans prove they are citizens? Homeland Security Secretary Kristi Noem sidestepped the query during a public appearance, so News Of Philadelphia turned to Ahilan Arulanantham, professor and co-director of UCLA School of Law’s Center for Immigration Law and Policy, for answers.
When the Law Demands Papers
Arulanantham lists only two routine situations that legally require U.S. citizens to show proof of citizenship:
- Entering the country-at airports, seaports or land borders
- Applying for certain jobs where federal law mandates citizenship
Outside those settings, most people may walk down the street without any ID. The biggest everyday exception is driving; state laws require a valid driver’s license behind the wheel.
A Green Light for Racial Profiling
Immigration officers may briefly detain someone to check immigration status, but only if they have “reasonable suspicion” the person is in the country unlawfully. What counts as reasonable suspicion changed sharply in September, when the Supreme Court sided with the Trump administration and allowed immigration officers to resume roving patrols that target people of Latino origin.
“But the Supreme Court, unfortunately, has allowed the government since the summertime to stop people based on essentially racial profiling,” Arulanantham said. Civil-liberties groups condemned the move, and Justice Sonia Sotomayor noted in dissent that older precedents restricting racial profiling remain on the books.
The Gap Between Law and Street Reality
“We’re living in this strange moment where there seems to be a gap between what the legal rules are and what’s actually sort of operational on the ground,” Arulanantham observed. In that environment, carrying proof of citizenship-while not required-could help someone who “could be profiled” avoid an unlawful arrest.
What to Do If You’re Stopped
Arulanantham offered practical advice for anyone approached by law enforcement:
- If an officer has no reason to believe you committed a crime, you have no obligation to show identification
- If you are arrested, do not sign any documents, even under pressure
- Do not physically resist or shout; those actions can be crimes
- Call a relative or lawyer who can produce documents on your behalf
No National ID System
The United States has no national registry of citizens. The closest analogue, the Social Security system created in 1935, was designed with privacy safeguards. “That’s not an accident,” Arulanantham said. “That’s a product of the fact that it’s historically meant not to be a show-me-your-papers country.”
Key Takeaways
- U.S. citizens are not legally required to carry proof of citizenship in daily life
- September’s Supreme Court ruling lets immigration officers use ethnic appearance as grounds for stops
- Americans who fear profiling may choose to carry passports or birth certificates, even though the law does not demand it
- If detained, stay calm, don’t sign anything, and call for legal help
