Keep Factually independent
Whether you agree or disagree with our analysis, these conversations matter for democracy. We don't take money from political groups - even a $5 donation helps us keep it that way.
Can US citizens be legally detained without due process in the United States?
Executive summary
The Constitution’s Due Process Clauses and longstanding legal doctrine say U.S. citizens cannot be deprived of liberty without due process, and advocacy groups and legal filings assert DHS is not supposed to detain citizens (see American Immigration Council fact sheet: “By law, DHS cannot detain U.S. citizens”) [1]. Still, recent reporting and legal disputes document multiple cases where U.S. citizens were arrested, detained, or even wrongfully deported amid expansion of aggressive immigration enforcement — prompting judges, members of Congress, and civil-rights groups to demand investigations [2] [3] [4].
1. Constitutional baseline: “person” not “citizen,” but protections apply
The Fifth Amendment forbids depriving “life, liberty, or property, without due process of law,” and courts have interpreted that to cover “persons” — not only noncitizens — meaning due process protections apply broadly inside the United States (American Immigration Council) [5]. The same fact sheet also states as a matter of agency practice and law, DHS is not supposed to detain U.S. citizens [1].
2. What the law allows — detention authority and limits
Congress and executive-branch statutes give authorities power to arrest and detain noncitizens; DHS and ICE are authorized to detain noncitizens pending removal proceedings [1]. Available sources do not detail a statutory scheme that lawfully permits routine detention of U.S. citizens without charges; rather, recent sources emphasize that detaining citizens is legally problematic and subject to judicial review [1] [5].
3. Recent reporting: documented wrongful detentions and legal fights
Investigations and news coverage in 2025 report multiple wrongful detentions of people later identified as U.S. citizens, and courts have criticized government conduct. PBS reported wrongful deportation litigation and a federal judge accusing the administration of obstructing discovery in the Kilmar Abrego Garcia case, and quoted advocates warning that weakened safeguards risk deporting U.S. citizens [2]. Migration Policy and other outlets document a large ramp-up in detention numbers under the current administration and note persistent reports of poor conditions [4].
4. Advocacy groups’ framing and policy proposals that alarm due-process defenders
Groups such as the Vera Institute and the Acacia Center for Justice warn that proposed or implemented policies (for example, expanding expedited removal or reducing safeguards) could allow removal or detention without meaningful hearings — they frame this as “without due process” for immigrants and say this could spill over to citizens in practice [6] [7]. The American Immigration Council likewise litigates to uphold due process and has challenged detention practices it calls a “blatant disregard for due process” [5].
5. Congressional and judicial responses: investigations and oversight
Members of Congress — including bipartisan coalitions of senators and representatives — have demanded investigations into ICE detentions of U.S. citizens and asked DHS for policies and data on alleged wrongful detentions, training, and complaints since 2025 [3]. Courts have been an active forum: judges have rebuked the government in discovery disputes and entertained claims that detentions or deportations violated citizens’ rights [2].
6. Conflicting narratives and limits of available reporting
Some sources portray the situation as systemic and widespread, saying “more than a dozen citizens have been detained and deported” as part of a 2025 enforcement surge [7] [8]. Other materials focus on isolated high-profile cases and on policy proposals that could increase risks but do not document a lawful framework for detaining citizens without process [6] [1]. Available sources do not supply a definitive tally of citizens lawfully detained without due process, nor do they show a statute expressly authorizing routine detention of citizens; instead, they document alleged wrongful actions, litigation, and oversight requests [2] [3] [1].
7. Practical consequences and why advocates are alarmed
Advocates warn that expedited removal policies, reduced access to lawyers, weak agency record-keeping, and large detention expansions raise the risk that U.S. citizens can be misclassified, detained, or — in contested cases — even deported before any effective judicial remedy [6] [4] [7]. PBS and migration reporting highlight limited lawyer access and administrative obstacles that complicate timely challenges to detention [2] [4].
8. Bottom line for readers
Legally, U.S. citizens are protected by due process and DHS “cannot detain U.S. citizens” as a matter of agency guidance and legal principle in the sources reviewed [1] [5]. Practically, multiple contemporary reports and lawsuits document instances where citizens were arrested, detained, or wrongfully deported and where judges and lawmakers are demanding answers — showing the protections are contested in practice and subject to litigation and oversight [2] [3] [4]. Available sources do not present a law that authorizes wholesale detention of citizens without process; they do, however, document enforcement policies and proposals that critics say increase the risk of such outcomes [6] [7].