DHS defends the Evanston stop
U.S. Department of Homeland SecurityDHS spokesperson, in an emailed statement to Evanston Now
DHS said the man was given lawful commands but was uncooperative and refused to identify himself, said ICE officers relied on their training and left once he identified himself, and cited 8 USC 1357 and reasonable-suspicion authority for the stop.
“has authority for lawful arrests where authorized under 8 USC 1357." "Law enforcement officers use ‘reasonable suspicion’ to investigate immigration status and probable cause to make arrests consistent with the statute and the Fourth Amendment to the U.S. Constitution. The Supreme Court has already vindicated us on these practices.”
Reporting
Where this statement fits
Federal agents’ use of force during mistaken detention in Evanston
An Evanston resident reported injuries after federal agents detained and released him on September 20, 2026. Police said agents determined he was not their target. A witness and immigrant-rights advocates criticized the force used; an involved agent told police the man had resisted detention.
Source and context
Reporting
About this source
Evanston Now quotes DHS's Tuesday statement defending the stop, including its citation of 8 USC 1357 and a Supreme Court ruling permitting apparent ethnicity as a factor in reasonable suspicion (the practice the article calls a Kavanaugh stop).
Before the quotation
Days after video of the restraint circulated and Evanston police opened an investigation, DHS issued its first substantive on-record defense of the stop in a Tuesday morning statement to Evanston Now, after not immediately responding to earlier requests for comment. DHS said the man was given lawful commands but was "not cooperative and refused to identify himself," and that ICE officers "relied on their training and later left the scene without further incident once the individual finally identified himself."
After the quotation
DHS also said ICE agents had encountered someone who resembled a target during a targeted enforcement operation in Evanston. The statement did not address the injuries the man reported or apologize for the detention.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
DHS attributes the confrontation to the detained man's own non-cooperation, frames the agents' conduct as trained and proper, and invokes statutory and case-law authority for the stop. This defends and excuses the agents' actions rather than acknowledging fault.
- Recorded on
- Published here
More from this case
Read the full caseICE declines to confirm Rivas' identity to The Daily Northwestern
U.S. Immigration and Customs Enforcement
“never confirm or deny attempts to dox our law enforcement officers.”Read statement
Biss says DHS has no credibility
“DHS has repeatedly lied about their violent tactics in Chicagoland and nationally. They have no credibility whatsoever.”Read statement
Sanctuary Evanston calls for investigation and accountability
Sanctuary Evanston
“Sanctuary Evanston strongly condemns a violent assault on a community member by suspected Immigration and Customs Enforcement (ICE) agents”Read statement
Share or embed this statement
The embed keeps its attribution link to The Dispute Index. Credit the image to The Dispute Index and link to the statement page.
Cite this record
- Publisher
- The Dispute Index
- Title
- DHS defends the Evanston stop
- First published
- Last updated
- Permalink
- https://disputeindex.com/events/1552-dhs-said-the-man-was-given-lawful-commands
Last updated marks the most recent saved version of this published statement.
The Dispute Index. "DHS defends the Evanston stop". First published: 2026-09-24. Last updated: 2026-09-24. https://disputeindex.com/events/1552-dhs-said-the-man-was-given-lawful-commands