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Fact check: Ice arresting immigrants that are legally here reguardless

Checked on September 16, 2025

1. Summary of the results

The claim that ICE is arresting immigrants who are legally in the US is supported by several analyses, including those from [1], which discusses a new policy where USCIS will create 'special agents' with the power to arrest and use deadly force, potentially leading to the arrest of immigrants who are legally in the US [1]. Additionally, [2] explains that ICE can make warrantless arrests, which could result in the arrest of immigrants who are legally in the US if they are mistakenly identified as being in the country illegally [2]. [3] also describes a class action lawsuit against the Trump administration's policies that have led to the arrest, detention, and deportation of immigrants who appeared for their scheduled hearings at immigration courts, which could include immigrants who are legally in the US [3]. However, [4] contradicts this claim, stating that ICE does not conduct patrols, raids, or sweeps looking for illegal aliens, and that they strictly conduct targeted enforcement actions, focusing on those who pose the greatest threat to public safety [4]. [5] reports on ICE operations in Los Angeles, stating that they have arrested over 5,000 criminal illegal aliens, including rapists, gang members, murderers, and pedophiles, but does not directly address the claim of arresting immigrants who are legally here [5]. [6] also reports on cases of American citizens being wrongly detained by ICE, including Juan Carlos Lopez-Gomez, who was detained for nearly 48 hours despite presenting his Social Security card, which supports the claim that ICE is arresting immigrants who are legally here, as these individuals are US citizens [6].

2. Missing context/alternative viewpoints

A key missing context in the original statement is the distinction between administrative and criminal warrants, as explained in [2], which could lead to the arrest of immigrants who are legally in the US if they are mistakenly identified as being in the country illegally [2]. Another missing context is the targeted enforcement actions conducted by ICE, as stated in [4], which focuses on those who pose the greatest threat to public safety [4]. Alternative viewpoints include the idea that ICE is not arresting immigrants who are legally in the US, as stated in [4], and that they are instead focusing on arresting criminal illegal aliens, as reported in [5] [4] [5]. Additionally, [7], [8], and [9] provide alternative viewpoints on the issue of ICE detention centers and human rights violations, but do not directly address the issue of ICE arresting immigrants who are legally in the US [7] [8] [9].

3. Potential misinformation/bias in the original statement

The original statement may be misleading as it does not provide context about the circumstances under which ICE is arresting immigrants who are legally in the US, as discussed in [1], [2], and [3] [1] [2] [3]. The statement may also be biased towards portraying ICE as arresting immigrants who are legally in the US regardless of their status, as contradicted by [4], which states that ICE strictly conducts targeted enforcement actions, focusing on those who pose the greatest threat to public safety [4]. The beneficiaries of this framing include immigrant advocacy groups, such as the American Immigration Council, which may use this narrative to criticize ICE's policies and actions, as reported in [1] [1]. On the other hand, [4] and [5] may benefit ICE and the Department of Homeland Security, as they portray ICE as conducting targeted enforcement actions and arresting criminal illegal aliens [4] [5].

Want to dive deeper?
What are the procedures for ICE to verify immigrant status during arrests?
How many lawful immigrants have been mistakenly detained by ICE in 2024?
What rights do lawful immigrants have during ICE encounters and arrests?
Can ICE arrest lawful immigrants without a warrant or probable cause?
What recourse do lawful immigrants have if they are mistakenly arrested by ICE?