Subject: Re: been warning about this for a while
And if an ICE officer doesn’t believe you when you say you’re a citizen at a random stop, then what??

Does the ICE officer still have probable cause to detain or arrest you?

No. They didn't before, and they certainly don't after I've informed them I'm a citizen.

And if the officer does have probable cause and you are detained or arrested, how do you get access to your passport to prove you are a citizen when that passport is at home and you are in an ICE detention facility?

You have your lawyer do it and present that information to a judge to get you released.

All of these questions are sort of missing the point. Our entire system is predicated on after the fact relief. There is nothing that stops ICE (or the police for that matter) from having the power to sweep you up and take you to detention or jail for no reason. Even if you had your passport on you, the ICE agent could declare it a fake or stolen or "not you," and bring you into detention. You do not have the power - no matter what you do or no matter what documents you carry - to stop law enforcement from taking the first initial step to take you into custody.

Your protections are (and always have been) in what lies after that. That the government has to give you access to a judge at some point, who will make a determination whether they can hold you or not.