Are ice agents deporting us citizens

Checked on January 24, 2026
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Executive summary

Available reporting establishes that U.S. Immigration and Customs Enforcement (ICE) has in multiple documented cases arrested, detained, and—for a smaller number of cases—deported people later shown or credibly claimed to be U.S. citizens; independent investigators say as many as 70 citizens were deported in a recent five‑year review, while the Department of Homeland Security insists its operations do not deport citizens and disputes specific reporting [1] [2]. Legal commentators and civil‑rights groups stress that, though U.S. law does not authorize deportation of citizens, administrative errors, weak record‑keeping, and aggressive enforcement practices have produced wrongful detentions and removals that members of Congress and advocates are now demanding be investigated [3] [4] [5].

1. What the data and watchdogs show: documented deportations and missing records

A review by the American Immigration Council and investigators found ICE arrested hundreds of people it treated as noncitizens, detained dozens, and deported roughly 70 individuals during the period analyzed, and warned the true number may be higher because ICE and CBP do not maintain reliable records to track misidentifications [1]. Prison Policy’s analysis of newer ICE arrest datasets and FOIA materials likewise documents systemic problems with how jails and local partners feed people into deportation systems and highlights data gaps and coding changes that obscure the scale of wrongful enforcement [6].

2. High‑profile cases and court orders that complicate the official line

A string of high‑profile cases has sharpened scrutiny: civil‑rights groups and local lawyers reported instances where people asserting U.S. citizenship were nonetheless detained, deported, or transferred overseas despite court filings asserting citizenship claims—including an October 2025 case in which ICE deported a man to Laos despite a federal court order recognizing his substantial claim to U.S. citizenship, prompting ACLU condemnation [7]. The ACLU also reported deportations of families and children held incommunicado in 2025, raising questions about ICE coordination with courts and attorneys [8].

3. The federal government’s denial and its institutional incentives

The Department of Homeland Security publicly pushed back against reporting that suggested ICE had deported U.S. citizens, issuing statements that enforcement operations are “highly targeted” and asserting agents are trained to confirm status and that ICE does not arrest or deport U.S. citizens—an explicit rebuttal to investigative pieces [2]. That denial must be read alongside institutional incentives: advocates and watchdogs say policy shifts to expand detention, hire more “skip tracers,” and prioritize removals have produced operational pressure to make more arrests and deportations, a dynamic critics argue increases the risk of error [9] [10].

4. Legal reality versus on‑the‑ground outcomes

Under U.S. law, citizens cannot legally be deported and ICE policy instructs agents to investigate citizenship claims; nevertheless, long‑documented mistakes exist—courts and lawyers have repeatedly litigated wrongful detentions and attempted removals of people later confirmed as citizens—so the legal prohibition does not eliminate the real occurrence of wrongful custody and, in some cases, removals [3] [4]. Member of Congress and senators have called for investigations into patterns of detention and deportation affecting U.S. citizens, signaling bipartisan concern about procedural failure and civil‑rights harms [5].

5. Bottom line and uncertainties

The definitive answer is: yes—documented instances exist in which ICE actions have resulted in U.S. citizens being detained and, according to an independent tally, deported—though DHS disputes those accounts and ICE’s own public statistics and recordkeeping complicate precise counting [1] [2] [11]. Because of data gaps, shifting agency practices, and ongoing litigation, the full scale, causes, and systemic responsibility remain contested and subject to further oversight and court rulings [6] [7].

Want to dive deeper?
How many confirmed cases of U.S. citizens deported by ICE exist in court records since 2015?
What mechanisms does DHS/ICE use to verify citizenship in the field, and how often do agents follow them?
What legal remedies and oversight processes are available to U.S. citizens wrongfully detained or deported by immigration authorities?