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Fact check: Can ICE detain US citizens based on ancestry or national origin?

Checked on July 13, 2025

1. Summary of the results

Based on the analyses provided, ICE has indeed detained U.S. citizens based on ancestry or national origin, with multiple documented cases demonstrating this pattern. The evidence shows that Latino and Hispanic U.S. citizens have been disproportionately targeted for detention and questioning [1].

Specific documented cases include:

  • Elzon Lemus, a U.S. citizen who was stopped by ICE agents during a traffic stop and detained because he "looked like" someone they were looking for [2]
  • Brian Gavidia, another U.S. citizen who was stopped and questioned by agents despite identifying himself as a U.S. citizen [2]
  • Javier Ramirez, also detained despite his citizenship status [2]

The pattern extends beyond individual cases to broader community targeting. American citizens of Native tribal nations and Latino descent have been detained and questioned by ICE during immigration raids, with some being targeted due to their race or skin color [3]. This suggests systematic racial profiling rather than isolated incidents.

A federal judge has ruled that immigration officers cannot rely solely on someone's race or speaking Spanish to stop and detain people, which directly addresses and confirms the problematic nature of ICE's practices [4].

2. Missing context/alternative viewpoints

The original question lacks several important contextual elements:

  • Legal framework: While ICE has engaged in these practices, they are legally prohibited from doing so. The federal court ruling specifically forbids using race or language as the sole basis for stops and detentions [4].
  • Scope of the problem: The analyses reveal this is not limited to occasional mistakes but appears to be a systematic pattern affecting multiple communities, including Native Americans and various Latino populations [3].
  • Complexity of enforcement: Immigration enforcement involves complexities that can lead to mistakes or unfair treatment of individuals, including U.S. citizens [5], suggesting that some detentions may result from procedural issues rather than intentional profiling.
  • Case variations: Not all citizen detentions are necessarily based on ancestry - some cases like Ximena Arias-Cristobal involved mistaken identity rather than racial profiling [6].

3. Potential misinformation/bias in the original statement

The original question is framed neutrally and does not contain apparent misinformation or bias. However, it could be interpreted as seeking confirmation of a practice that, while documented, is legally prohibited and officially denied by ICE.

The question's phrasing suggests uncertainty about whether this practice occurs, when the evidence clearly demonstrates it has occurred multiple times. A more accurate framing might acknowledge the documented cases while noting the legal prohibitions against such practices.

The analyses consistently show that ICE's actions may be motivated by racial profiling, with a focus on targeting Hispanic and Latino communities [2], indicating this is an established pattern rather than a theoretical possibility as the original question might suggest.

Want to dive deeper?
What are the legal protections for US citizens during ICE encounters?
Can ICE request proof of citizenship during a detention?
How many cases of mistaken identity have been reported in ICE detentions?
What is the process for a US citizen to report a wrongful detention by ICE?
Do ICE agents receive training on avoiding racial or ethnic profiling?