- No one said it was a crime.
Being detained is a perfectly normal matter, however if you are in the company of illegals or anyone subject to arrest.
Law enforcement cannot simply stop you just because they want to. They have to have probable cause to detain you or reasonable suspicion for arrest,
that you are involved in criminal activity.
You just said above that "no one said 'it' was a crime" yet
without a crime or at least
reasonable suspicion of one, then there is no legal basis for a detention. This is what we're trying to get you all to understand.
And what someone else is (alien unlawfully present) or is doing (avoiding or evading ICE) is not automatically transferable to others in the vicinity.
If I am standing among a group of car hijackers, I get swooped up with the lot of them until law enforcement can determine who is guilty and who is not.
Lisa if you’re literally standing
in the act of a felony—like a carjacking in progress—then yes, you’d be lawfully detained along with the suspects until police sort it out. That’s not controversial; that’s called
probable cause based on criminal conduct observed in real time.
But that is not the scenario under discussion.
Undocumented presence is a
civil infraction, not a violent felony. And merely being in the company of someone who may be out of status
does not establish probable cause or reasonable suspicion of a crime. That’s the entire point.
You’re trying to equate a violent group offense with simply standing next to someone whose immigration paperwork might not be in order.
Fourth Amendment protections don’t get suspended just because you find someone’s presence inconvenient. If law enforcement has
individualized [reasonable] suspicion that
you are involved in criminal activity, they can stop or detain you. Otherwise, no—they can’t just 'swoop you up with the lot of them.’ That’s not law enforcement; that’s dragnet policing, and it’s unconstitutional.