Has ice taken legal immigrants or citizens and detained them
Executive summary
Immigration and Customs Enforcement (ICE) has detained both legal immigrants and, in numerous documented instances, U.S. citizens—sometimes mistakenly or in violation of its own policies—while also expanding detention at record levels under the current enforcement surge [1] [2]. Federal watchdogs, advocacy groups and news outlets have cataloged cases of lawful permanent residents and spouses of citizens arrested during routine immigration processing, and a measurable number of U.S. citizens have been arrested, detained, and even deported in recent years [3] [1] [4].
1. ICE’s detention net includes many lawful noncitizens, and enforcement has broadened
ICE’s stated mission includes detaining noncitizens to secure immigration proceedings and removals, and agency data show hundreds of thousands held in custody across fiscal years—many without criminal convictions—while facilities expanded rapidly under the current crackdown [5] [2]. Reporting documents instances where lawful immigrants were picked up at routine interactions with the immigration system: for example, spouses with green-card processes have been arrested at interviews and applicants pulled from naturalization ceremonies, demonstrating that people with lawful status or pending lawful status are among those detained [1] [3].
2. Documented cases: legal immigrants detained despite procedural rulings
Individual reporting highlights situations where legal or legally eligible immigrants remained detained despite favorable administrative rulings; one recent San Diego case described a man granted bond by an immigration judge who nevertheless stayed in detention for weeks until a federal habeas court ordered release, illustrating how detention can persist even after judicial relief is recommended [3]. The operational reality—use of detainers, reliance on local jails, and case-by-case custody decisions—means lawful permanent residents and those with strong legal claims can still be held while the agency pursues removal or verification [6] [5].
3. ICE has detained and deported U.S. citizens—data and high-profile examples
Analyses by the American Immigration Council and watchdog reporting indicate that ICE has arrested hundreds of people it suspected were citizens, detained at least 121, and that as many as 70 U.S. citizens were deported in the reviewed period—actions that run counter to the principle that civil immigration law does not apply to citizens [4]. News reporting and compiled case lists show multiple incidents in late 2025 and early 2026 where people who asserted citizenship were nonetheless held for days or weeks, and some prominent cases (e.g., Dulce Consuelo Diaz Morales) resulted in prolonged detention before release [7] [4].
4. Systemic causes and oversight red flags: misidentification, detainers, and policy gaps
Government reviews and congressional complaints point to structural contributors: detainers based on probable cause of removability, errors in records or verification, and inconsistent field practices that have sometimes ignored citizenship claims [6] [8]. Lawmakers and civil liberties advocates have demanded investigations after reports that agents “ignored proof of citizenship” and failed to verify documentation before detaining people, signaling an institutional oversight problem beyond isolated mistakes [8].
5. ICE’s position, official defenses and agency claims of care
ICE and DHS officials defend detention as necessary to secure proceedings and removal, and assert standards of care at expanded facilities even as deaths and injuries in custody have drawn scrutiny; the agency’s public data describe categories of detainees and individualized custody determinations, while agency statements have framed some arrests as law-enforcement responses to resistance or criminal allegations [5] [9]. Independent reporters and advocates counter that operational tactics—masked raids, sweeps in sanctuary jurisdictions, and increased arrests of people without criminal records—have raised the risk of wrongful citizen detentions [1] [10].
6. What the record shows and what remains uncertain
The available reporting conclusively documents that ICE has detained lawful immigrants and has, in significant numbers, detained and even deported individuals later shown or claimed to be U.S. citizens, backed by watchdog counts, lawsuits, and congressional inquiries [4] [8] [6]. However, the full scope of wrongful citizen detentions, the rate of administrative error versus lawful detention, and post-release remedies remain the subject of ongoing investigations and litigation; this analysis relies on the cited reporting and does not adjudicate unresolved individual claims beyond those sources [4] [7].