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Fact check: Has ICE arrested legal US citizens?

Checked on July 9, 2025

1. Summary of the results

Yes, ICE has arrested legal US citizens. Multiple documented cases demonstrate this pattern of behavior:

  • Andrea Velez, a 32-year-old U.S. citizen, was arrested by ICE officers in Los Angeles, with her family claiming she was wrongfully detained and falsely accused [1]
  • Elzon Lemus, a Hispanic U.S. citizen, was detained by ICE agents without reasonable suspicion or probable cause, with agents claiming he "looks like somebody we are looking for" [2] [3]
  • Brian Gavidia, Javier Ramirez, and Adrian Martinez are additional U.S. citizens who were arrested and detained by ICE [3]
  • Job Garcia, a U.S. citizen, was arrested and detained by ICE while recording an immigration raid at a Home Depot in Los Angeles, with allegations that the arrest was racially motivated and violated his constitutional protections for free speech and due process [4]

The evidence shows that over the past five months, ICE agents have arrested and deported U.S. citizens as part of a broader pattern that includes causing car crashes and using force against unarmed children and elected officials [5].

2. Missing context/alternative viewpoints

The original question lacks important context about the scope and frequency of these incidents. While multiple cases are documented, the analyses don't provide comprehensive statistics on how often this occurs relative to ICE's overall operations.

Government perspective: The Department of Homeland Security has defended ICE procedures and disputed some claims. One source indicates that a lawsuit supported by the ACLU over false claims that ICE deported U.S. citizens was dropped, suggesting that not all allegations against ICE hold up under legal scrutiny [6].

Constitutional concerns: The arrests raise significant questions about racial profiling and due process violations. ICE appears to detain individuals without probable cause, which sparks concerns over civil liberties and constitutional rights [3].

Legal remedies: Victims are pursuing legal action, with Job Garcia seeking $1 million in damages for his wrongful arrest and detention [4], indicating that the legal system provides some recourse for these violations.

3. Potential misinformation/bias in the original statement

The original question itself is neutral and factual - it simply asks whether ICE has arrested legal US citizens. However, the question could be misleading by omission if it's being used to suggest this is either:

  • Routine practice: While documented cases exist, the question doesn't clarify whether these are isolated incidents or systematic behavior
  • Legally justified: The question doesn't distinguish between arrests that might have legal justification versus those that are clearly unconstitutional

Missing nuance: The question doesn't address that some ICE actions involve naturalized citizens who may face denaturalization proceedings for certain crimes, which represents a different legal category than the wrongful detention of birthright citizens [7].

The evidence strongly supports that ICE has indeed arrested legal U.S. citizens, but the broader context reveals this occurs within a complex legal and political landscape involving constitutional rights, racial profiling concerns, and ongoing legal challenges.

Want to dive deeper?
How many US citizens have been wrongly detained by ICE?
What are the procedures for ICE to verify US citizenship during arrests?
Can US citizens sue ICE for wrongful detention?
What rights do US citizens have when encountering ICE agents?
How does ICE differentiate between US citizens and undocumented immigrants during raids?