[SoftTalker]

> should be considered innocent until proven guilty

Agree if they are charged with a crime. But is being present in the country without a valid visa (or overstaying a visa, or similar) a criminal charge or an administrative violation? If I park my car where I'm not supposed to, it gets towed. There's no trial or presumption of innocence. The car is where it is.

[languagehacker]

There's a challenging burden of proof that starts even with what constitutes the ability to detain a person. US Citizens don't need to show anyone proof of citizenship due to a law that's been on the books since before World War II -- a law that was created after our legislators were disgusted by what was going on in Germany at the time. This means that for ICE to detain someone whose identity they don't already know 100%, there is a legal grey area where a citizen does not need to comply with their request. So how do they improve their accuracy? Sounds like racial profiling, right? That's because it is.

Your analogy of an illegally parked car is spurious because where a car may park is pretty unequivocal. I hope that what I've described here helps you understand that this would be like someone choosing not to tow a Ford but opting to to tow a Kia even though they're parked against the same red curb.

[SoftTalker]

Good point and I would agree the burden is (or should be) on the authorities to be sure they have properly identified any individuals as part of their process.