At a Glance
- U.S. citizens must show proof of citizenship only when entering the country or applying for certain jobs.
- Immigration officers can detain people briefly if they have reasonable suspicion of unlawful presence.
- A recent Supreme Court decision allows roving patrols targeting people of Latino origin.
- Why it matters: Americans who could be racially profiled may now carry citizenship documents to avoid wrongful arrest.
Homeland Security Secretary Kristi Noem faced questions this week about why American citizens in Minnesota were being asked to provide proof of citizenship. When asked whether the Department of Homeland Security recommended carrying such identification, she sidestepped the question. The incident prompted News Of Fort Worth to examine when, if ever, Americans are legally required to prove their citizenship.
Ryan J. Thompson spoke with Ahilan Arulanantham, professor and co-director of UCLA School of Law’s Center for Immigration Law and Policy, to clarify the legal requirements.
When Citizens Must Show Proof
Legally, U.S. citizens must show proof of citizenship in only two situations:
- When entering the country
- When applying for certain jobs that require citizenship
If a law enforcement officer approaches someone on the street without reasonable suspicion that the person has committed a crime, the individual has no obligation to show any identification.
“In the United States, most individuals do not have to carry identification,” Arulanantham said. One exception occurs when driving, which requires a driver’s license. Another exception applies to some undocumented immigrants whom the Trump administration has required to register with the government.
The Supreme Court Decision
Immigration officers are entitled to detain someone briefly to determine whether they are in the United States lawfully. However, officers must have reasonable suspicion that the person is in the country in violation of immigration laws.
“But the Supreme Court, unfortunately, has allowed the government since the summertime to stop people based on essentially racial profiling,” Arulanantham said.
In September, the Supreme Court ruled in response to an emergency request from the Trump administration that immigration officers could resume roving patrols targeting people of Latino origin. Civil liberties advocates criticized this decision. Court precedents restricting racial profiling remain on the books, which Justice Sonia Sotomayor noted in her dissenting opinion.
“And so 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 said. “And in that world, obviously, if you’re somebody who could be profiled in that way, if you’re carrying proof of your citizenship, that could be helpful to you in preventing you from being illegally arrested.”
Practical Advice for Citizens
Arulanantham offered specific guidance for citizens who might face questioning:
- If arrested, do not sign any documents even if being coerced
- If you’re a citizen and believe your detention is not lawful, do not resist orders
- As soon as possible, call a relative who can produce a document or call a lawyer
“You want to scream and shout or physically resist,” he said. “You should not do that. Those can be crimes.”
The Historical Context
The United States has no national registry of all U.S. citizens. The closest equivalent is the Social Security system created in 1935, which raised privacy concerns from its inception.
“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.”
This historical principle clashes with current enforcement practices, creating uncertainty for citizens who might be targeted based on appearance or ethnicity. The recent Supreme Court decision has effectively created a new reality where carrying proof of citizenship may serve as protection against wrongful detention.
Key Takeaways
- Americans generally have no legal obligation to carry identification
- The September Supreme Court ruling allows immigration officers to conduct roving patrols targeting people of Latino origin
- Citizens who could be racially profiled may benefit from carrying proof of citizenship
- Anyone facing arrest should comply with orders while avoiding signing documents without legal counsel
The current legal landscape represents a significant shift from traditional American values regarding personal identification and freedom of movement without documentation.
