Does ICE detain U.S. citizens and how common are wrongful detentions?

Checked on December 16, 2025
Disclaimer: Factually can make mistakes. Please verify important information or breaking news. Learn more.

This fact-check may be outdated. Consider refreshing it to get the most current information.

Executive summary

ICE does detain U.S. citizens, though agency officials deny deliberate deportation of citizens; multiple 2025 investigations and tallies document at least hundreds of citizen detentions and numerous reported wrongful arrests during aggressive enforcement sweeps (ProPublica tally cited as 170+ in 2025) while state portals and lawyers record many complaints [1] [2] [3]. ICE’s detention population reached record highs in 2025—roughly 65,000–66,000—amplifying the risk of collateral citizen detentions during mass operations [4] [5].

1. ICE says it doesn’t deport U.S. citizens — but reporting finds citizen detentions

The Department of Homeland Security has publicly insisted ICE “does not deport U.S. citizens” and frames citizen arrests as incidental or tied to obstruction charges [6]. Independent reporting and watchdog tallies present a different picture: investigative counts and law firms cite more than 170 citizen detentions in 2025 alone and multiple individual cases—detentions at airports, traffic stops and during city “sweeps” — documented by outlets such as PBS and ProPublica [1] [2]. These competing claims—agency denial versus press and NGO tallies—are both present in the record and create the core dispute.

2. Scale of ICE operations increases the chance of mistaken arrests

ICE detention and arrest volumes surged in 2025, with monthly arrests measured in the tens of thousands and a detainee population reaching roughly 65,000–66,000; that scale makes collateral or mistaken detentions more likely during mass operations, according to multiple data reviews [4] [5] [7]. Prison Policy and other analyses show community arrests, “at-large” sweeps, and transfers of large groups (e.g., a declared flight of 131 people) that can exacerbate identification errors [8].

3. How wrongful detentions happen, as documented by lawyers and reporting

Legal and advocacy write-ups describe recurring causes: database errors, mistaken identity, paperwork or ID mismatches, and broad sweeps that pick up U.S. citizens by collateral effect [9] [1]. Individual stories—such as a man held for three weeks in a 2025 “Portland Sweep” and other high-profile cases—illustrate how lengthy detention can follow an initial misidentification [2]. Law firms and advocates say detained citizens sometimes lack quick access to counsel or family, heightening harm [1].

4. Judicial and state responses are emerging

States and courts have started pushing back. California launched an online portal for reporting alleged federal-agent misconduct, listing “wrongful detentions” among reportable abuses [3] [10]. Judges have intervened in individual cases to block or reverse detentions—for example, a temporary restraining order ordered to prevent the re-detention of Kilmar Abrego Garcia—demonstrating that courts can and do act when wrongful detention claims are raised [11].

5. Numbers matter — documented cases vs. unknowns

Available reporting gives concrete tallies for 2025—journalists and NGOs cite 170+ citizen detentions in one tally and dozens of high-profile individual cases [1]. At the same time, ICE’s public datasets focus on arrests and detention of non‑citizens and do not provide a clear, agency-wide count of how many U.S. citizens are detained erroneously; ICE says it does not deport citizens, but the agency statistics do not directly refute independent tallies (p4_s4 is ICE statistics in the search list as [12]; ICE’s public dashboards present arrests/detention data but do not frame a comprehensive reconciliation of citizen‑detention complaints) [12]. Available sources do not mention a definitive, agency-published national count that resolves the discrepancy.

6. Two narratives, different incentives

Federal officials have an institutional incentive to emphasize that ICE targets noncitizens and to reject narratives of systemic citizen deportations [6]. Advocacy groups, journalists and law firms documenting citizen detentions are reporting harms that undermine that message and serve to mobilize public pressure and litigation. State governments responding with complaint portals and lawsuits often have political incentives to limit federal enforcement in their jurisdictions [3] [10].

7. What this means for citizens and the public record

For U.S. citizens who fear wrongful detention, lawyers and news outlets advise carrying proof of citizenship and seeking counsel quickly; legal clinics and state hotlines are already fielding reports [9] [3]. For researchers and policymakers, the conflict between DHS denials and independent tallies points to a data gap: there is no single, public ICE or DHS document in the provided records that transparently reconciles agency actions with documented citizen detention tallies (available sources do not mention a reconciled agency count) [12] [6] [1].

Limitations: this analysis uses only the supplied reporting. Some sources are advocacy or law‑firm materials reporting tallies [1], while others are official DHS statements [6] and media investigations [2] [3]. Readers should weigh institutional denials against independently collected tallies and court records when judging how common wrongful detentions truly are.

Want to dive deeper?
Can ICE legally detain U.S. citizens and under what circumstances?
How many U.S. citizens have been wrongfully detained by ICE in recent years (2015-2025)?
What legal remedies and compensation exist for U.S. citizens wrongfully detained by immigration authorities?
What policies and training does ICE use to verify citizenship and prevent wrongful detentions?
Have court rulings or legislation changed ICE detention practices for citizens since 2020?