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Fact check: How many American citizens have ICE and CBP mistakenly arrested?

Checked on July 8, 2025

1. Summary of the results

The analyses reveal that no comprehensive official statistics exist regarding the total number of American citizens mistakenly arrested by ICE and CBP. However, multiple documented cases demonstrate this is an ongoing issue [1] [2] [3].

Documented individual cases include:

  • Job Garcia - A U.S. citizen arrested and detained by ICE and CBP agents despite confirming his citizenship and having no criminal warrants [2] [3]
  • Elzon Lemus, Brian Gavidia, Javier Ramirez, and Adrian Martinez - All American citizens who were detained or arrested by ICE and CBP under questionable circumstances, despite identifying themselves as citizens [1]

The sources suggest these incidents may indicate a pattern of racial profiling and wrongful arrests [1]. Official government sources focus on defending ICE operations rather than providing arrest statistics, with ICE claiming they conduct "targeted enforcement actions focusing on those who pose the greatest threat to public safety" rather than conducting "patrols, raids, or sweeps" [4].

2. Missing context/alternative viewpoints

The question assumes systematic data collection exists for these incidents, but the analyses reveal significant gaps in transparency and accountability. The Department of Homeland Security actively works to "debunk fake news media narratives" about ICE operations [5], suggesting a defensive posture rather than proactive disclosure of arrest statistics.

Key missing context includes:

  • No centralized tracking system appears to exist for documenting wrongful arrests of citizens
  • Legal remedies are being pursued - Job Garcia is seeking $1 million in damages, with civil rights organizations like MALDEF taking steps toward lawsuits [3]
  • Broader detention conditions - Sources mention overcrowding and lack of food at ICE detention centers, affecting thousands in custody [6] [7]

Who benefits from different narratives:

  • ICE and CBP leadership benefit from minimizing public awareness of wrongful arrests to maintain operational authority and budget allocations
  • Civil rights organizations and attorneys benefit from highlighting these cases to build legal precedents and secure financial settlements
  • Political opponents of immigration enforcement benefit from documented cases of citizen arrests to argue for policy reforms

3. Potential misinformation/bias in the original statement

The original question contains an implicit assumption that comprehensive data exists on this topic, when the analyses show no such systematic tracking is publicly available. The question's framing as "how many" suggests there should be a definitive answer, but the evidence indicates this information is either not collected, not disclosed, or both.

The question is not inherently biased but reflects a reasonable expectation of government transparency that appears to be unmet. The documented cases from CNN and legal organizations [1] [2] [3] provide credible evidence that wrongful arrests occur, while official government sources focus on defending operations rather than providing statistical transparency [5] [4].

The absence of comprehensive data itself may represent a form of institutional bias, as systematic tracking would enable better oversight and accountability of federal law enforcement agencies.

Want to dive deeper?
What are the procedures for reporting wrongful detention by ICE or CBP?
How many American citizens were mistakenly arrested by ICE in 2024?
What is the process for seeking compensation for wrongful detention by CBP?
What rights do American citizens have when encountering ICE or CBP agents?
How do ICE and CBP verify the citizenship status of individuals during arrests?