There is a lot of constitutional law here, not a lot of ambiguity. While mistakes happen, and ICE is clearly becoming more eager to violate the law (see TFA), that doesn't mean we should be unclear about what the law says. In particular, prioritizing the (incorrect) results from an app over any sort of claim or presentation of proof is illegal.
So how do you discourage this? We could start prosecuting and imprisoning people with fake documents, but that would send our already absurd prison population through the roof and cost immense amounts of money. An alternative way is exactly what this article is about.
As I said in a different comment, we US folks have decided as a society that we don’t want to have mandatory difficult-to-forge national ID. When asked this question democratically, US voters and their representatives have
repeatedly* turned down this option and explicitly banned the Federal government from issuing Federal ID cards outside of optional passports for international travel. We made this decision precisely because we distrust the sort of Federal government that would require us to carry that sort of document. There is nothing accidental about this, and you can find explicit statements of this bipartisan consensus all over real Federal legislation; there’s really no possibility that we did this by accident or without due consideration of the tradeoffs.You’re correct that this lack of standardized documentation makes the immigration enforcer’s job harder, since they can’t just force people to produce proof-of-citizenship on demand and they can’t detain US citizens, and they can’t necessarily trust every paper document they’re given. I’m sympathetic! But that’s the tradeoff we’ve made as a society. The answer is not “throw out the rule book and risk depriving citizens of their rights because our job is hard.” The answer is: respect the rules you were given and due the best job you can without depriving US citizens of their rights.
And PS this situation is hardly unique: we also make ordinary cops’ jobs harder by requiring them to respect suspects’ civil rights and demanding probable cause to make an arrest. It’s tough! The result there is that cops have to work harder and be smarter; they don’t just get to detain anyone they want just because they might vaguely hypothetically be a criminal.
And now you need every single one of these events to occur, simultaneously. The chances of this happening is practically zero. And even if somehow this does happen, which it won't, it's at worst a significant inconvenience for the person who somehow managed to win the reverse lottery. Though in this case perhaps it's not even entirely the reverse lottery - because there'd be a big paycheck awaiting them in lawsuits, crowdfunding, media fees, and so on.
I simply don't see false positives as a realistic concern here, whatsoever. Going with your analog with the police I'd mention e.g. DNA tests or finger prints. These do have non-zero failure rates, but they're still regularly used to convict people simply because the failure rate is seen as acceptably low. And in this case, the conditional probability we're speaking of is probably even lower, and with much less at stake!
You're free to hope for these things if you want. But hoping does not make them true.
You can’t start with this premise, though. Recent rulings allow stops based on “probable cause” such as a combination of “speaks Spanish”, “is brown”, and “is in a place where we think illegal immigrants might be”.
So like: any Latino US citizen, who happens to be working someplace like a landscaping company. Or a kitchen.
The idea that citizens aren’t likely to be targets is now laughable. And we have ample reporting indicating that in fact, citizens are being detained, for hours and hours (if not longer).
