Fact check: What is the average length of time a US citizen can be detained by ICE before being released or charged?

1. Summary of the results

The question asks about detention times for US citizens, but the available data primarily addresses non-citizens. The analyses reveal a fundamental distinction that must be understood:

For non-citizens, ICE detention statistics show:

• Average detention time of 55 days ^[1]
• Alternative statistics indicate a median of 11 days and average of 31 days ^[2]
• Some individuals are detained for six months or longer ^[2]
• During COVID-19, there were issues with indefinite detention without foreseeable removal dates ^[3]

For US citizens, the data is extremely limited:

• ICE can initially detain individuals for up to 48 hours after release from local law enforcement custody ^[4]
• One documented case shows a US citizen detained for 24 hours ^[5]
• Some citizens have been detained for over a week in immigration facilities ^[6]

2. Missing context/alternative viewpoints

The original question contains a critical legal misconception. US citizens cannot legally be "charged" by ICE in the immigration context, as they have constitutional protections against removal proceedings ^[7]. The question conflates immigration detention procedures that apply to non-citizens with criminal justice procedures.

Key missing context includes:

• The legal distinction between citizens and non-citizens in ICE proceedings
• Constitutional protections that prevent ICE from subjecting US citizens to standard immigration enforcement
• The fact that when US citizens are mistakenly detained, it represents an error in the system rather than standard procedure
• Congressional oversight exists regarding ICE's detention of US citizens, with lawmakers like Goldman, Warren, Padilla, Kelly and Correa demanding investigations ^[6]

The analyses also reveal systemic issues during the Trump administration, including a no-bail policy that could keep immigrants detained for months or years before case resolution ^[8].

3. Potential misinformation/bias in the original statement

The question contains inherent bias by treating the detention of US citizens by ICE as a routine, measurable process when it should be an exceptional circumstance requiring immediate correction. This framing:

• Normalizes what should be considered wrongful detention of citizens
• Conflates immigration enforcement procedures with constitutional protections for citizens
• Implies that ICE regularly "charges" US citizens, when immigration charges don't apply to citizens
• Obscures the distinction between lawful detention of non-citizens and unlawful detention of citizens

The question's phrasing suggests that systematic data should exist on citizen detention times, when such detentions represent procedural failures rather than standard operations. This framing could benefit those who wish to minimize scrutiny of ICE's mistaken detention of citizens by treating it as routine administrative procedure rather than constitutional violations requiring immediate remedy.