## Facts

- INS agents conducted three workplace “factory surveys” at two Los Angeles garment factories to locate undocumented workers.
- Two surveys were executed under judicial warrants supported by probable cause that numerous unidentified undocumented workers were employed; a third was conducted with the employer’s consent.
- Each operation lasted roughly one to two hours.
- Some agents positioned themselves near factory exits while other agents moved through the factory, identified themselves, and asked employees one to three questions about citizenship.
- If an employee gave a credible answer of U.S. citizenship or produced immigration documents, the agent ended the interaction and moved on.
- Employees continued working and could move around within the factory during the surveys.
- Respondents (citizens or lawful permanent residents, and their union) argued the operations effectively seized the entire workforce and that individual questioning required reasonable suspicion as to each worker.

## Issues

1. Whether the factory surveys, including agents stationed near exits and roving questioning, constituted a Fourth Amendment seizure of the entire workforce.
2. Whether brief questioning of individual workers about citizenship constituted a Fourth Amendment seizure requiring reasonable suspicion.

## Decision

- The Supreme Court reversed the Ninth Circuit and ruled for the INS (7–2).
- The Court held the surveys did not effect a seizure of the entire workforce for the duration of the operations.
- The Court held the brief, individualized citizenship questioning did not, on this record, amount to a seizure or detention under the Fourth Amendment.
- The Court reasoned that questioning about identity or requests for identification do not, by themselves, constitute a seizure; a seizure occurs only if circumstances would make a reasonable person believe they were not free to leave or terminate the encounter.

## Legal Principles

- A Fourth Amendment seizure occurs when, considering all circumstances, a reasonable person would believe they were not free to leave or otherwise end the interaction.
- Police (including immigration agents) may ask questions about identity or citizenship and request identification without creating a seizure, unless the encounter is so intimidating or coercive that a reasonable person would not feel free to refuse or disengage.
- The placement of officers near exits, without additional coercive conduct that restrains movement or compels answers, does not necessarily convert workplace questioning into a seizure of everyone present.

## Conclusion

The Court held that INS worksite surveys involving agents near exits and brief, systematic citizenship questioning did not seize the workforce or detain lawfully present workers where employees could continue working and the circumstances were not shown to be coercive under the reasonable-person test.


Immigration & Naturalization Serv. v. Delgado, 466 U.S. 210 (1984)