51�Թ�

The court said then “the fundamental rule of citizenship by birth, notwithstanding the alienage of parents” had been established by law.

It said the rejection was not unlawful because it was “not synonymous” with alienage discrimination.

"Discrimination based on the alienage of a U.S. citizen's spouse is presumptively unconstitutional and subject to strict scrutiny," the lawsuit argued.

When confronted with public outcry about profiling, ICE and the Border Patrol usually respond that agents used “a multitude of indicators that, when put together, raise a reasonable suspicion of illegal alienage.”

CBP acknowledged they are reviewing the Montana incident, but emphasised "agents are not looking for one factor, but a multitude of indicators that when put together raise a reasonable suspicion of illegal alienage."