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Fact check: Can ICE detain US citizens by mistake?

Checked on July 12, 2025

1. Summary of the results

The evidence overwhelmingly confirms that ICE can and does detain US citizens by mistake. Multiple documented cases demonstrate this pattern of wrongful detention:

  • Elzon Lemus, a 23-year-old US citizen, was detained without reasonable suspicion or probable cause after agents claimed he "looks like somebody we are looking for" [1]
  • A 71-year-old US citizen was handcuffed and detained by ICE agents [2]
  • Juan Carlos Lopez-Gomez, a US citizen, was detained for nearly 48 hours in Florida [3]
  • Jose Hermosillo, a 19-year-old US citizen, was detained for nearly 10 days in Arizona [3]
  • Christopher Martinez, a US citizen, was detained after being mistaken for someone else, raising Fourth Amendment violation concerns [4]
  • Additional cases include Brian Gavidia, Javier Ramirez, and Adrian Martinez, all US citizens who were wrongfully detained [5]

These cases occurred during the Trump administration's immigration enforcement operations and highlight systemic issues with mistaken identity and potential racial profiling [3] [4].

2. Missing context/alternative viewpoints

The original question lacks several important contextual elements:

  • Scale and frequency: While multiple cases are documented, the analyses don't provide statistics on how often these mistakes occur relative to total ICE operations
  • Legal protections and remedies: The sources don't detail what legal recourse US citizens have after wrongful detention or how quickly these situations are typically resolved
  • Training and procedural issues: Missing discussion of whether these incidents stem from inadequate agent training, flawed identification procedures, or systemic problems within ICE operations
  • Government response: The Department of Homeland Security has attempted to counter these narratives, though one analysis suggests their denials appear to be "an attempt to deflect criticism rather than address the issue at hand" [6]

Beneficiaries of different narratives:

  • Immigration advocacy groups benefit from highlighting these cases to support arguments for immigration reform and ICE accountability
  • Government agencies like DHS and ICE benefit from downplaying these incidents to maintain public confidence in their operations and avoid increased oversight
  • Political figures on both sides benefit from using these cases to support their respective immigration policy positions

3. Potential misinformation/bias in the original statement

The original question itself appears neutral and factual - it simply asks whether ICE can detain US citizens by mistake, which the evidence clearly confirms. However, there are potential areas of bias in the broader discourse:

  • Underreporting: The question doesn't acknowledge that this is a documented, recurring issue rather than an isolated possibility
  • Lack of systemic context: The framing doesn't address whether these are individual agent errors or reflect broader institutional problems
  • Missing civil rights implications: The question doesn't reference the constitutional violations involved when US citizens are detained without proper cause

The DHS source attempts to "debunk fake news media narratives" but provides insufficient evidence to counter the documented cases, suggesting potential institutional bias in official responses to these incidents [6]. The pattern of multiple, independently reported cases across different states and time periods strongly supports the reality of this problem beyond isolated incidents.

Want to dive deeper?
What are the legal protections for US citizens during ICE encounters?
How many cases of mistaken identity have been reported by ICE since 2020?
What is the process for a US citizen to be released from ICE detention after a mistaken identity?
Can US citizens sue ICE for wrongful detention and what are the grounds for such lawsuits?
What measures has ICE taken to prevent mistaken detention of US citizens in recent years?