Fact check: Under what circumstances can ICE detain someone with legal immigration status?

1. Summary of the results

ICE can detain individuals with legal immigration status under several specific circumstances:

• If they are deemed a flight risk for court hearings ^[1]
• If they pose a threat to public safety or national security ^[1]
• If they have prior deportation orders and failed to comply ^[1]
• If they entered without legal inspection, regardless of current status ^[1]

The detention process is civil rather than criminal in nature and is not intended to be punitive ^[2]. Detention decisions are based on factors including availability, security classification, and legal status ^[3].

2. Missing context/alternative viewpoints

Several important contextual elements were not addressed in the original question:

• ICE conducts "collateral arrests," where individuals with legal status may be detained if found during operations targeting others, even without criminal history ^[4]
• Alternatives to detention exist, including:
• Ankle monitoring
• Geographic restrictions
• Regular check-ins ^[5]
• Having a pending USCIS application does not protect against detention ^[1]
• Processing occurs at ICE centers based on various operational factors ^[3]

3. Potential misinformation/bias in the original statement

The original question oversimplifies a complex system of immigration enforcement:

• There have been widespread concerns and rumors about ICE detaining U.S. citizens and Native American nation members, though many such claims have been proven false ^[6]
• The question implies a binary legal/illegal status, when immigration status can be more complex and fluid
• The focus on "legal status" might overlook that nearly half of ICE arrests in certain periods involved people with no criminal history ^[4]

Those benefiting from various narratives include:

• Immigration advocacy groups benefit from highlighting cases of potentially wrongful detention
• Law enforcement agencies benefit from maintaining broad detention authority
• Private detention facilities benefit financially from expanded detention policies