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Fact check: Does ICE intentionally stack charges up such as "assault" to detain non-immigration affiliated persons like US Citizens that attempt to interfere with their duties?

Checked on July 4, 2025

1. Summary of the results

The evidence strongly suggests that ICE does engage in practices that could be characterized as "stacking charges" against US citizens who interfere with their operations. Multiple documented cases demonstrate this pattern:

Andrea Velez, a US citizen, was wrongfully detained by ICE officers and charged with assaulting a federal officer, though her family disputes these charges and claims excessive force was used by federal agents [1]. Similarly, Luis Hipolito was arrested and charged with assaulting an ICE officer, with the Department of Homeland Security claiming both individuals interfered with ICE law enforcement, despite families disputing these claims [1].

Adrian Martinez, a 20-year-old US citizen, was detained after defending an elderly janitor during an ICE raid and charged with conspiracy to impede a federal officer, despite claiming he never assaulted anyone [2]. Additional cases include Elzon Lemus, who was briefly detained during a traffic stop with his attorney alleging ICE agents used excessive force and violated his constitutional rights [3], and Brian Gavidia, detained while working at a tow yard despite identifying himself as a US citizen [3].

The broader context shows ICE's increasingly aggressive enforcement tactics, with about half of people in detention lacking criminal convictions [4] and increasing arrests of unauthorized immigrants with no criminal record [5].

2. Missing context/alternative viewpoints

The original question lacks several important contextual elements:

  • Racial profiling concerns: Multiple cases suggest Hispanic-appearing US citizens are being disproportionately targeted, with both Lemus and Gavidia claiming they were detained because of their Hispanic appearance [3]
  • Systematic enforcement expansion: The Trump administration has implemented sweeping ICE operations that are "reshaping federal law enforcement," prioritizing immigration enforcement across all levels [6]. ICE agents now wait in immigration court hallways to arrest migrants, including those with no criminal records, after their cases are dismissed [7]
  • Expert warnings: Retired federal judge Shira Scheindlin has expressed concern about the dangers of ICE raids and the potential for US citizens to be caught in enforcement actions [3]
  • Enforcement tactics: ICE increasingly uses plainclothes officers and detains people without clear evidence of crimes, creating potential for abuse of power [8]

Who benefits from different narratives:

  • Immigration enforcement advocates and the Trump administration benefit from portraying aggressive tactics as necessary for public safety
  • Civil rights organizations and immigrant advocacy groups benefit from highlighting cases of overreach to build support for enforcement limitations

3. Potential misinformation/bias in the original statement

The original question contains an inherent assumption that may not be entirely accurate:

  • Terminology precision: The question uses "stacking charges" which implies a deliberate prosecutorial strategy, but the evidence shows charges like "assault" and "conspiracy to impede a federal officer" appear to stem from confrontational situations during enforcement actions rather than pre-planned charge accumulation [1] [2]
  • Scope limitation: The question focuses specifically on "non-immigration affiliated persons like US Citizens," but the evidence shows ICE's aggressive tactics affect a broader population, including immigrants with no criminal convictions [4] [5]
  • Missing systemic context: The question frames this as potentially intentional misconduct without acknowledging the documented expansion of ICE's enforcement mandate and the coordinated nature of current operations [6] [7]

The evidence suggests the phenomenon described in the question does occur, but it may be better characterized as aggressive enforcement tactics leading to confrontational situations rather than deliberate charge-stacking schemes.

Want to dive deeper?
Can ICE detain US citizens for interfering with their duties?
What are the consequences for US citizens charged with assault on ICE agents?
How often do ICE agents use 'assault' charges to detain non-immigration affiliated individuals?
What rights do US citizens have when interacting with ICE agents?
Are there any reported cases of ICE misidentifying US citizens as non-citizens for detention?