Historical instances of ICE detaining US citizens by mistake
Executive summary
The historical record shows multiple documented instances where U.S. Immigration and Customs Enforcement (ICE) and related DHS components detained, and in some cases deported, people later determined to be U.S. citizens; government audits and nonprofit analyses quantify the problem and individual lawsuits chronicle harm [1] [2] [3]. Officials dispute the scale and causes—DHS has issued rebuttals—but independent reporting and the Government Accountability Office find persistent failures in tracking and verifying citizenship before enforcement actions [4] [1].
1. Documented scale: what audits and watchdogs found
A 2021 GAO review concluded ICE issued detainers for at least 895 potential U.S. citizens from fiscal year 2015 through mid‑2020 and found available ICE data showing the agency arrested 674 potential U.S. citizens, detained 121, and removed (deported) 70 during that window, with roughly three quarters of listed detainers later cancelled—an audit that signals both frequency and data gaps in agency tracking [1] [2]. Independent groups and journalism projects have produced complementary tallies: the American Immigration Council highlighted the GAO finding that as many as 70 potential citizens were removed between 2015 and 2020 and noted that TRAC databases suggest thousands of misidentifications over time [2].
2. Notable individual cases that crystallized public concern
High‑profile case histories underline human consequences: Davino Watson, a U.S. citizen from New York, was reportedly held in an Alabama detention center for three years before ICE released him, and an appeals court later denied him financial compensation despite the prolonged detention [2]. Civil liberties litigation catalogs other named victims: Ada Morales, a naturalized citizen, was reportedly detained by local officials on immigration detainers in 2004 and again in 2009, and the ACLU has represented multiple citizens wrongfully held after detainers were lodged [3]. Journalistic compilations have also documented videos of citizens being restrained or detained during enforcement actions, such as ProPublica’s catalog of more than 40 incidents showing aggressive restraint techniques used by federal agents in encounters that sometimes involved U.S. citizens [5].
3. Recurrent patterns: why mistakes happen, according to reporting
Reporting and legal analyses point to recurring causes: mistaken identity (similar names or outdated records), reliance on flawed databases, inconsistent verification practices in the field, and aggressive enforcement tactics that prioritize quick arrests over confirming citizenship claims—problems the GAO explicitly flagged and that watchdog organizations have traced across many incidents [1] [2] [6]. ProPublica and other outlets have also documented how enforcement sweeps and aggressive “roving” patrols increase the likelihood citizens are swept up, sometimes even after presenting identification [7] [5].
4. Legal authority and limits: can ICE arrest citizens, and when?
Legally, ICE’s civil immigration authority should not be used to detain U.S. citizens, but federal criminal statutes (and 8 U.S.C. 1357) permit warrantless arrests for felonies or offenses committed in an officer’s presence, creating contexts where agents may lawfully arrest citizens for criminal conduct even during immigration operations; critics say this distinction has been porous in practice and has allowed wrongful detentions to occur [8] [7]. GAO and legal advocates emphasize that agency policy requires careful, high‑priority investigation when citizenship is claimed, yet training and supervision gaps mean policy is not always followed [1] [2].
5. Political pushback, litigation and agency denials
Mistaken detentions have prompted congressional demands for investigations and class‑action litigation; members of Congress and senators have publicly called for probes after high‑profile incidents, while groups including the ACLU have filed suits challenging detainer practices and seeking redress for citizens held wrongfully [9] [3]. At the same time DHS and ICE have issued categorical denials of systemic deportation of citizens and defended targeted operations as lawful, asserting that enforcement is carefully planned—statements that directly conflict with watchdog audits and media reporting and highlight a clear institutional dispute about scope and accountability [4] [2].
6. What remains unsettled in the record
Available sources establish that wrongful detentions and even removals of U.S. citizens have occurred and that agency data and oversight are incomplete, but specifics about recent, individual 2025–2026 incidents and internal decision‑making often lack public documentation or full agency response; where reporting is silent, this analysis does not speculate beyond the cited audits, lawsuits and news accounts [1] [2] [10].