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Fact check: What are the grounds for ICE to detain and deport individuals?

Checked on August 13, 2025

1. Summary of the results

Based on the analyses provided, ICE has several established grounds for detaining and deporting individuals:

Primary Legal Grounds:

  • Final orders of removal: ICE's Enforcement and Removal Operations (ERO) removes individuals who are subject to a final order of removal, with removal management involving planning and coordinating removals across the country [1]
  • Lack of legal status: ICE may begin removal proceedings for immigrants who lack legal status, even those applying to become residents through family members, according to new USCIS guidance [2]

Criminal Activity Focus:

  • Serious criminal offenses: ICE consistently targets individuals with criminal histories, including sexual exploitation of children, assault, gang involvement, and assault on federal agents [3]
  • Public safety threats: The Priority Enforcement Program (PEP) enables DHS to work with state and local law enforcement to take custody of individuals who pose a danger to public safety, focusing specifically on convicted criminals [4]
  • "Worst of the worst": ICE prioritizes removing what they term "the worst of the worst criminal illegal aliens," including murderers, gang members, pedophiles, and terrorists [5]

2. Missing context/alternative viewpoints

The original question lacks several critical contextual elements revealed in the analyses:

Detention Conditions and Legal Challenges:

  • Inhumane conditions: Federal judges have ordered improvements to ICE detention facilities, citing inhumane conditions and lack of access to basic necessities like sleeping mats and water [6] [7]
  • Wrongful detention of citizens: U.S. citizens have been detained by ICE, with reports of being denied water for 24 hours, indicating potential overreach in enforcement practices [7]
  • Legal challenges: ICE's policy of arresting people at their mandated immigration court hearings is being challenged as unlawful, with courts granting temporary restraining orders [8]

Enforcement Scope:

  • Broad application: The analyses reveal that ICE detention extends beyond just criminal cases to include individuals seeking legal status through family members [2]
  • Facility conditions: Multiple sources highlight systemic issues with detention facility conditions, suggesting enforcement practices may be overly broad or inhumane [6] [7]

3. Potential misinformation/bias in the original statement

The original question itself does not contain misinformation, as it is a neutral inquiry. However, the question's framing could benefit from acknowledging several important aspects:

Incomplete scope: The question focuses solely on legal grounds without addressing the practical implementation challenges and civil rights concerns that emerge from the analyses, including wrongful detention of U.S. citizens [7] and court-ordered improvements to detention conditions [6].

Missing enforcement context: The question doesn't capture the dual nature of ICE operations - while targeting serious criminals like gang members and those involved in sexual exploitation [3], the agency also faces legal challenges for potentially unlawful arrest practices at immigration court hearings [8].

Oversight of systemic issues: The question doesn't acknowledge the documented problems with ICE's detention system, including facilities that courts have deemed to have inhumane conditions requiring judicial intervention [6] [8].

Want to dive deeper?
What are the criteria for ICE to initiate removal proceedings?
Can ICE detain individuals without a warrant or probable cause?
How does ICE determine which individuals to prioritize for deportation?
What are the rights of individuals detained by ICE during the deportation process?
How can individuals contest or appeal ICE deportation orders?