Keep Factually independent

Whether you agree or disagree with our analysis, these conversations matter for democracy. We don't take money from political groups - even a $5 donation helps us keep it that way.

Loading...Time left: ...
Loading...Goal: $500

Fact check: Can ICE detain US citizens with valid passports at airports?

Checked on July 3, 2025

1. Summary of the results

Based on the analyses provided, ICE can indeed detain US citizens with valid passports at airports, despite their citizenship status. The evidence shows that this practice occurs in real-world situations, with documented cases of American citizens being detained by ICE agents [1].

Specific documented cases include:

  • Elzon Lemus and Brian Gavidia - US citizens who were detained by ICE despite asserting their citizenship [1]
  • Citizens detained during traffic stops or at airports when they "resemble someone the agents are looking for" or if agents witness an offense against the United States [1]

Legal framework and citizen rights:

  • US citizens are only required to answer questions verifying their identity, citizenship, and customs-related matters at airports [2]
  • Citizenship guarantees entry - citizens cannot be denied entry to the United States [2]
  • Citizens can refuse to answer questions beyond basic verification without being denied entry [2]
  • Citizens have the right to remain silent and refuse consent to searches when questioned by ICE [3]

Additionally, US Customs and Border Protection can search devices of any travelers, including US citizens, without a warrant at airports, and some citizens have been detained based on information found on their devices [4].

2. Missing context/alternative viewpoints

The original question lacks several critical pieces of context:

Racial profiling concerns: The analyses reveal significant concerns about racial profiling as a factor in these detentions [1]. This suggests that certain demographic groups may be disproportionately targeted, which is not addressed in the original question.

Constitutional rights violations: The practice raises serious constitutional rights concerns [1], indicating that while ICE may have the authority to detain citizens, such actions may violate fundamental rights.

Broader enforcement patterns: The detentions occur not just at airports but also during traffic stops and other encounters [1], suggesting a broader pattern of enforcement that extends beyond airport security.

Device searches: The analyses reveal that border agents can conduct warrantless device searches [4], which represents an additional form of detention and investigation that wasn't mentioned in the original question.

Fear and deterrent effects: There are widespread fears among travelers about potential detention [5], indicating that the practice has broader psychological and social impacts beyond individual cases.

3. Potential misinformation/bias in the original statement

The original question itself does not contain misinformation, as it is posed as a legitimate inquiry rather than making false claims. However, the question's framing could potentially minimize the severity and frequency of such detentions by focusing narrowly on the technical legal authority rather than the documented pattern of constitutional violations and racial profiling concerns highlighted in the analyses [1].

The question also omits the broader context of how these detentions fit into larger immigration enforcement patterns that affect both citizens and non-citizens, potentially understating the systematic nature of these practices as revealed in the documented cases [1].

Want to dive deeper?
What are the laws governing ICE detention of US citizens?
How many US citizens have been mistakenly detained by ICE at airports in 2024?
What is the process for verifying citizenship during ICE encounters at airports?
Can US citizens with valid passports be detained by ICE for secondary inspection?
What are the rights of US citizens during ICE detention at airports?