ICE Agent Demands Papers from Off-Duty Black Police Officer

Phoenix, Arizona. Tuesday morning, July 16, 2023.9:47 a.m. Body-worn camera footage captures an ordinary gas station stop that would later become one of the most costly civil-rights violations involving immigration enforcement in Arizona history. In broad daylight, outside a Shell station on McDowell Road, Lieutenant Marcus Hayes, a twenty-three-year veteran of the Phoenix Police Department, is approached by federal Immigration and Customs Enforcement agents while pumping gas on his way home from an overnight shift. He is not suspected of a crime. He is not fleeing. He is not resisting. He is not under investigation. Yet within moments, an ICE agent demands proof of citizenship. The footage begins with casual, procedural language—standard enforcement phrasing delivered without urgency. Hayes is dressed in basketball shorts and a Phoenix Suns t-shirt, sunglasses pushed up against the glare of the desert sun. His hands remain visible. His posture is calm. His truck is parked behind him at the pump, fuel hose still attached. Three ICE agents are present. One initiates contact. Two others flank wide, positioning themselves deliberately. Their body cameras are recording. The justification for the stop is not evidence. It is not conduct. It is not a reported crime. It is an unspecified “operation” in the area—and a man whose appearance draws attention. Hayes immediately identifies himself as a police officer. He provides his full name, rank, department, and badge number. He explains that his badge and department ID are secured inside his vehicle just feet away. He repeatedly asks that his precinct be contacted for verification. None of it is accepted. The agent insists that a state-issued driver’s license does not establish citizenship. He demands documents no American civilian is legally required to carry in public: a passport, a birth certificate, or naturalization papers. The bodycam footage records Hayes standing still, speaking clearly, invoking his constitutional rights. It records him stating—loudly and deliberately for the cameras—that he is not resisting, not fleeing, and not consenting to detention. It records three federal agents tightening their formation around him anyway. When Hayes asks what reasonable suspicion exists beyond his skin color, the question is not answered. Instead, he is handcuffed. The footage captures the moment a senior police lieutenant—born in Tucson, Arizona, and sworn to uphold the Constitution—is detained, searched, and transported to a federal holding facility for “verification.” His vehicle is left unsecured at the gas pump. His identity is not confirmed until hours later. Hayes is held for more than three hours. Only after federal databases are finally checked does ICE confirm what he stated from the beginning: He is a natural-born U.S. citizen. He is a Phoenix Police Department lieutenant. There was no lawful basis for his detention.