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Fact check: Can ICE detain US citizens by mistake and for how long?

Checked on August 12, 2025

1. Summary of the results

Based on the analyses provided, ICE can and does detain US citizens by mistake, with documented cases showing these detentions can last for days. The evidence reveals several specific instances:

  • Andrea Velez, a US citizen, was detained by ICE agents for two days without water for 24 hours, despite providing her driver's license and health insurance card as proof of citizenship. She was also physically assaulted, being slammed to the ground by agents [1] [2].
  • Elzon Lemus, a 23-year-old Hispanic US citizen, was stopped and detained by ICE agents without reasonable suspicion or probable cause, with agents claiming he "looks like somebody we are looking for" [3].
  • Additional US citizens including Brian Gavidia and Adrian Martinez have also been detained and arrested by ICE, highlighting a pattern of mistaken detentions [4].

The analyses indicate that these detentions often involve racial profiling and occur without proper legal justification. One source reports that one in five ICE arrests involve Latinos on the streets with no criminal past or removal order [5], suggesting systemic issues with ICE's detention practices.

2. Missing context/alternative viewpoints

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

  • Oversight challenges: Democratic lawmakers face significant restrictions when attempting to visit ICE detention facilities, with ICE having "sole discretion over whether to deny or cancel a tour" by members of Congress [6]. This limited oversight may contribute to continued problematic detention practices [7] [8].
  • Constitutional violations: The detentions often involve violations of constitutional rights, including arrests without reasonable suspicion or probable cause [5] [4].
  • Physical abuse: The question doesn't address the physical treatment of detained citizens, which includes being "tackled," "slammed to the ground," and denied basic necessities like water [1] [2] [5].
  • Systemic nature: Rather than isolated mistakes, the evidence suggests systematic racial profiling and quota-driven enforcement that disproportionately affects Latino communities, including US citizens [5] [4].

3. Potential misinformation/bias in the original statement

The original question itself doesn't contain misinformation but presents the issue in a way that may minimize its severity:

  • Framing as "mistakes": By using the term "mistake," the question implies these are accidental errors rather than what the evidence suggests may be systematic constitutional violations and racial profiling [5] [4].
  • Duration focus: While asking "for how long," the question doesn't capture that the real issue extends beyond duration to include denial of basic human needs (water deprivation for 24 hours) and physical abuse during detention [1] [2].
  • Missing systemic context: The question treats this as an isolated procedural issue rather than part of broader concerns about ICE's enforcement practices that affect thousands of people, including significant numbers without criminal backgrounds [5].

The evidence strongly supports that US citizens are indeed detained by ICE, often for multiple days, under circumstances that suggest systematic rather than accidental targeting.

Want to dive deeper?
What are the legal protections for US citizens during ICE raids?
How many cases of mistaken identity have been reported in ICE detentions in 2024?
What is the average length of time a US citizen can be detained by ICE before being released or charged?
Can ICE detain US citizens without a warrant, and under what circumstances?
What are the procedures for reporting and correcting cases of mistaken identity in ICE detention?