Fact check: Can ICE detain someone with a valid visa for a minor crime?

1. Summary of the results

Based on the analyses provided, ICE can indeed detain someone with a valid visa for a minor crime. The evidence demonstrates this through several documented cases and policy contexts:

• Arman Momand, a 19-year-old Afghan national with a special visa, was arrested and detained by ICE for traffic-related offenses ^[1]
• Domingo Mendoza Méndez, a Mexican immigrant, was detained by ICE while waiting for a U visa, despite having a pending application and following all the rules ^[2]
• The Trump administration has widened the scope of its immigration mission, targeting not just criminals but also migrant workers, student activists, and tourists with visa issues ^[3]

Legislative proposals further support this capability, as the Protect Our Communities from DUIs Act would make noncitizens convicted of or admitting to DUI offenses inadmissible and deportable, suggesting ICE could detain someone with a valid visa for such minor crimes ^[4]. ICE has documented arrests and detentions of individuals, including those with valid visas, for various crimes including DUI ^[3].

2. Missing context/alternative viewpoints

The original question lacks several important contextual elements:

• Scale of enforcement: ICE is deporting thousands of people with minor offenses, including traffic violations and marijuana possession, which may include individuals with valid visas ^[5]
• Broader enforcement priorities: While ICE focuses on arresting and deporting criminal illegal aliens with serious convictions ^[6], the reality includes targeting individuals with much lesser offenses
• Vulnerability of specific populations: Crime victims waiting for visas now face deportation despite their cooperation with law enforcement ^[2]
• Administrative vs. criminal violations: The question doesn't distinguish between different types of "minor crimes" or administrative violations that could trigger detention

Political stakeholders who benefit from expanded ICE detention authority include:

• Immigration hardliners who gain political support by demonstrating tough enforcement
• Private detention facility operators who profit from increased detentions
• Local law enforcement agencies that receive federal funding for cooperation with ICE

3. Potential misinformation/bias in the original statement

The original question appears neutral and factual, seeking clarification on ICE's detention authority. However, it may inadvertently minimize the scope of current enforcement practices by:

• Understating the breadth of ICE's current detention practices, which extend far beyond serious criminal offenses to include traffic violations and other minor infractions ^[5]
• Not acknowledging that ICE has conducted large-scale operations arresting nearly 1,500 individuals in single operations, suggesting systematic rather than case-by-case enforcement ^[7]
• Failing to recognize that even individuals following proper legal procedures, such as those with pending visa applications, remain vulnerable to detention ^[2]

The question's framing as "can ICE detain" suggests this might be an exceptional practice, when the evidence indicates it has become a routine enforcement mechanism under current policies.