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Fact check: Can ICE detain U.S. citizens or legal permanent residents by mistake?
Executive Summary
ICE has detained U.S. citizens and lawful permanent residents (LPRs) in multiple documented cases, typically because of misidentification, outdated records, or administrative errors; while ICE lacks authority to deport U.S. citizens, it can and has held them temporarily pending verification [1] [2]. Recent news reporting through 2025 documents green card holders and U.S. citizens — including teenagers and longtime LPRs — who were detained erroneously, underscoring both the real risk of wrongful detention and the need for prompt legal response and systemic fixes [3] [4] [5].
1. Startling examples that show the error is real and recurring
Multiple recent incidents demonstrate that ICE can detain LPRs and citizens in error: a green card holder of nearly 40 years, Owen Ramsingh, was detained after returning from travel despite clear paperwork; film director Barbara Gomes Marques May was taken during a green card appointment because of an alleged missed 2019 court date she says she never received [3] [4]. Separate reports from 2025 describe a 19-year-old U.S. citizen, Ximena Arias-Cristobal, and a 15-year-old student with a disability detained outside school, both cases described as mistaken identity or administrative failure, showing errors affect all ages and statuses [2] [5].
2. How ICE explains and justifies temporary detention of those later proven to be citizens or LPRs
Immigration lawyers and ICE-recognized guidance indicate errors arise from misidentification, outdated databases, or unresolved removal orders, prompting officers to detain individuals while they verify status — a process ICE frames as necessary for enforcement and verification [1]. ICE cannot lawfully remove U.S. citizens, but agencies retain authority to detain until citizenship is confirmed; legal organizations stress that swift legal intervention is essential to secure release and prevent prolonged custody [1]. This explanation frames detention as an investigatory step, but critics argue verification systems are too error-prone and lack adequate safeguards [1].
3. Patterns in the documented cases: records, notices, and communication failures
Across cases, a recurring theme is administrative breakdowns: missed or misdelivered notices, stale records showing outstanding orders, and cross-referencing failures between criminal, immigration, and travel databases [4] [3]. The director detained during a green card appointment cited a 2019 missed court date she never received, illustrating how one procedural lapse can trigger detention years later [4]. Such patterns suggest the problem is not isolated to frontline mistakes but linked to record-keeping and notification systems that disproportionately impact those without easy access to legal counsel [4] [3].
4. The human toll: vulnerable people and the consequences of wrongful detention
Reported victims include long-term LPRs, young U.S. citizens, and people with disabilities, showing that wrongful detention is not limited to recent arrivals or noncitizens [3] [2] [5]. Temporary detention can cause lost work, family separation, and trauma; for LPRs, a detention episode can cascade into immigration court proceedings or renewed scrutiny. Advocacy-oriented materials emphasize practical protections—carrying proof of status, knowing rights, and having legal representation—because administrative fixes alone have not prevented repeated mistakes [6] [7] [8].
5. Conflicting perspectives: enforcement needs vs. civil-rights concerns
Enforcement advocates present detention during verification as an operational necessity to prevent fugitives from evading removal, arguing that officers need latitude to act on records indicating potential immigration violations [1]. Civil-rights advocates counter that insufficient verification protocols and racialized policing lead to unconstitutional stops and detentions, citing school arrests and misidentified citizens as symptomatic of broader systemic bias [5] [7]. Both viewpoints rely on factual incidents: the debate centers on how to balance effective enforcement with robust safeguards against wrongful detention.
6. What the reporting omits and what reforms experts recommend
Coverage documents individual errors but often omits granular data on how frequently ICE detains citizens or LPRs in error, making it hard to assess scale; advocacy groups call for transparent audits of detention decisions and improved data-sharing to reduce false matches [3] [1]. Legal experts recommend mandatory verification protocols, limits on detention pending status checks, and better notice systems for hearings to prevent cases like the 2019 missed court date that triggered the director’s detention [4] [6]. These reforms aim to reduce wrongful detentions without eliminating enforcement tools.
7. Bottom line: what the evidence supports and immediate takeaways for affected people
The consolidated reporting through 2025 supports the conclusion that ICE does sometimes detain U.S. citizens and LPRs by mistake, with causes rooted in misidentification, outdated records, and procedural failures; while citizens cannot be deported, detention still occurs and can be prolonged without rapid legal help [1] [2]. For individuals, the evidence underscores practical steps—carry proof of status, know legal rights during ICE encounters, and contact counsel immediately—to mitigate harm, while policy discussions continue over systemic reforms to prevent recurrent administrative and identification errors [6] [8].