When must proof of residence be shown?

CrimeBeat Q&A is a weekly feature where police reporter Julie Johnson answers readers' questions about local crimes and the law.

If I am out in public and a man who identifies himself as a federal government agent asks for my ID, do I have to show him one?

John Guilliams, St. Helena

United States citizens for the most part don't need to carry identification on them, except in specific situations such as driving, Santa Rosa immigration attorney Richard Coshnear said.

Foreign nationals, on the other hand, must carry proof of legal residence in the country, such as a green card or another “registration certificate,” which is required under the Immigration and Nationality Act.

U.S. Immigration and Customs Enforcement spokeswoman Virginia Kice said in an email that the agency's law enforcement personnel “have the authority to question any individual who is believed to be a foreign national regarding his or her right to be in, or remain in, the United States.”

“That said, it's important to underscore that ICE's enforcement actions are targeted and based on specific leads, or are conducted in institutional settings such as jails or prisons,” Kice said.

Coshnear, an attorney with Santa Rosa's Vital Immigrant Defense Advocacy and Services, said officers can ask to see anyone's identification, but a person doesn't necessarily have to comply.

In order to detain citizens and others alike - and require they present an ID - law enforcement officers must have a reasonable suspicion the person has broken a law, he said.

“An ICE agent, a federal agent, has to have a reason - nonracial reasons - to suspect you're in the country illegally or have broken some other law,” Coshnear said.

Two key decisions in 1994 by the U.S. 9th Circuit Court of Appeals set legal precedents against racial profiling when investigating immigration status.

In one case, the court found an immigration officer pulled a man over because of his “Hispanic appearance.”

In another case, agents launched an investigation into a man because of his foreign-sounding name.

“It's key that people know their rights,” Coshnear said.

Submit your questions about crime, safety and criminal justice to Staff Writer Julie Johnson at julie.johnson@pressdemocrat.com. On Twitter @jjpressdem.