Fact check: Under what circumstances can ICE detain someone with a valid visa?

1. Summary of the results

Based on the analyses provided, ICE can detain someone with a valid visa under several specific circumstances:

• National security and public safety threats: ICE can issue immigration detainers for individuals with valid visas if they are deemed a threat to national security or public safety ^[1]. The decision is made on a case-by-case basis, considering factors including risk of flight, national security threats, and risk to public safety ^[1].
• Removability determination: Even with a valid visa, individuals can be detained if they are determined to be removable from the United States ^[1].
• Judicial arrest warrants: If ICE has a valid judicial arrest warrant, they have the right to detain an individual, which implies that having a valid visa may not prevent detention if there are other legal grounds for arrest ^[2].
• Visa expiration: The analyses show that ICE can detain someone whose visa has expired, as demonstrated in the case of Prabesh Thapa Chettri, who was detained after his visa expired in September 2024 ^[3].

2. Missing context/alternative viewpoints

The original question lacks several important contextual elements:

• Constitutional concerns: Recent reports indicate potential ICE overreach, with people including U.S. citizens being detained without explanation or access to an attorney, suggesting that detention practices may extend beyond legal boundaries ^[4].
• Individual rights during encounters: People stopped by ICE have the right to remain silent and do not have to share information about their immigration status, providing some protection even for those with valid visas ^[2].
• Policy expansion under recent legislation: The "One Big Beautiful Bill Act" (OBBBA) has expanded immigration detention and enforcement with increased funding, suggesting a more aggressive approach to immigration enforcement that could potentially affect all non-citizens regardless of visa status ^[5].
• Student visa specifics: For F-1 student visa holders, maintaining valid status is complex - they can stay on an expired visa as long as they maintain student status, but need a valid visa to re-enter if they travel outside the United States ^[6].

3. Potential misinformation/bias in the original statement

The original question itself does not contain misinformation, as it is posed as an inquiry rather than making claims. However, the question's framing could lead to incomplete understanding:

• Oversimplification: The question implies a binary relationship between having a "valid visa" and detention risk, when the reality is more nuanced - detention can occur based on various factors beyond visa validity status.
• Missing procedural context: The question doesn't acknowledge that detention decisions involve case-by-case assessments considering multiple risk factors, not just visa status ^[1].
• Lack of rights awareness: The framing doesn't indicate that individuals have constitutional protections and rights during ICE encounters, regardless of their visa status ^[2].