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Fact check: Can ICE detain US citizens by mistake in 2025?

Checked on July 21, 2025

1. Summary of the results

Based on the analyses provided, ICE can and does detain US citizens by mistake. Multiple documented cases demonstrate this concerning pattern:

  • Elzon Lemus, a Hispanic US citizen, was stopped and detained by ICE agents without reasonable suspicion or probable cause, allegedly because he "looks like somebody we are looking for" [1] [2]
  • Brian Gavidia was detained despite identifying himself as a US citizen [2]
  • Leonardo Garcia Venegas and Jose Hermosillo were also wrongfully detained as US citizens [3]

The evidence shows that racial profiling appears to be a significant factor in these wrongful detentions, with Latino citizens being disproportionately targeted [2] [3]. The problem has become serious enough that Congress is considering legislation specifically designed to prevent ICE from detaining or deporting US citizens [3].

2. Missing context/alternative viewpoints

The original question lacks several important contextual elements:

  • Scale and frequency: The analyses don't provide statistics on how often these mistakes occur relative to total ICE operations
  • ICE's enforcement tactics: Nearly half of people currently in ICE custody have neither been convicted of nor charged with any crime [4], suggesting broader issues with detention practices
  • Warrantless arrests: ICE conducts aggressive enforcement including warrantless arrests, as demonstrated in the case of Abel Orozco [4]
  • Legal protections: Citizens have specific rights when encountering ICE, including the right to remain silent and request legal representation [5]
  • Mistaken identity cases: Beyond citizenship errors, ICE also detains individuals based on mistaken identity, as alleged in the case of Victor Martinez [6]

Beneficiaries of different narratives:

  • Immigration advocacy groups benefit from highlighting these cases to push for reform and increased oversight
  • ICE and immigration enforcement agencies might benefit from downplaying these incidents to maintain public support for their operations
  • Politicians supporting stricter immigration enforcement may benefit from minimizing attention to wrongful citizen detentions

3. Potential misinformation/bias in the original statement

The original question itself appears factually neutral and appropriate - it simply asks whether ICE can detain US citizens by mistake in 2025. However, potential areas of concern include:

  • Framing as "mistake": While the question uses the term "mistake," the evidence suggests some detentions may involve deliberate racial profiling rather than innocent errors [1] [2]
  • Missing systemic context: The question doesn't address whether this represents isolated incidents or a pattern of civil rights violations that has prompted congressional action [3]
  • Temporal specificity: By asking specifically about 2025, the question might inadvertently suggest this is a new phenomenon, when the evidence shows it has been an ongoing issue requiring legislative intervention

The analyses consistently support that wrongful detention of US citizens by ICE is a documented reality, not merely a theoretical possibility.

Want to dive deeper?
What are the legal protections for US citizens during ICE raids in 2025?
How many cases of mistaken identity have been reported in ICE detentions since 2020?
What is the process for a US citizen to prove their citizenship during an ICE encounter in 2025?
Can ICE detain US citizens without a warrant in 2025?
What are the consequences for ICE agents who mistakenly detain US citizens in 2025?