[lemura]

If "Jose" was legal but because he was told "consequences" for not showing paperwork with the thought he was illegal, would that be a violation of his constitutional rights being he was just picking asparagus?

Of course, you're perfectly correct - LEOs just can't walk around demanding to see the ID of anyone they choose. The key here is probable cause: loitering (it's why picket lines walk in circles), broken taillights, jaywalking; ya know, the whole Guiliani 'broken windows' approach to petty infractions/crime.

In this case, someone minding their own business working in the fields would not constitute probable cause. A more effective approach would be to investigate employers to see if they were following mandated I-9 verfication processes.

[umgud]

It probably isn't reasonable to round up and deport 11-12 million people and we don't want to live in a police state, but we should at least determine the citizenship of everybody who runs afoul of the law.

I also got ask what we do with the percentage of the 11-12 million who don't qualify for legal status?

[tobyhill]

"A more effective approach would be to investigate employers to see if they were following mandated I-9 verfication processes."

I agree but being that's the case it's going to take a bit more than the 2 weeks some here on FR want to give in order to get rid of 12 million.