Legal expert says Noem’s claim on proving citizenship to ICE is unconstitutional
Homeland Security Secretary Kristi Noem speaks to the media outside the White House in Washington, DC. on Jan. 15, 2026. REUTERS/Evelyn Hockstein
January 15, 2026
Elie Honig, a CNN legal analyst, slammed Homeland Security Secretary Kristi Noem’s suggestion that Americans should be ready to show proof of citizenship, calling it illegal and unconstitutional. Honig clarified that ICE agents must have “reasonable suspicion” to stop, question, or detain someone for immigration purposes, citing a recent Supreme Court concurring opinion by Justice Kavanaugh. He noted that merely being near an ICE operation would be insufficient grounds for demanding proof of citizenship, warning that Noem’s comments misrepresent the law.
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