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Fact check: How often do ICE agents mistakenly detain U.S. citizens or federal employees?

Checked on June 9, 2025

1. Summary of the results

While exact frequency statistics are not provided in the analyses, there is substantial evidence that ICE agents do mistakenly detain U.S. citizens and federal employees. Notable examples include:

  • José Hermosillo, who was detained for 10 days [1]
  • Davino Watson, who spent 1,273 days in detention [1]
  • A U.S. marshal in Arizona who was detained because he "fit the general description" [2]

Research indicates that U.S. citizens wrongly detained by ICE spend an average of 180 days in detention [1].

2. Missing context/alternative viewpoints

Several important contextual factors emerge from the analyses:

  • ICE currently detains 39,703 adults across over 100 facilities, marking the highest detention level during the Biden presidency [3]
  • Systemic issues contributing to wrongful detentions include:
  • Database errors
  • Lack of comprehensive citizenship verification systems
  • Significant discretion given to ICE agents [4]
  • These detentions are legally improper, as ICE lacks authority to detain U.S. citizens without probable cause [5]

3. Potential misinformation/bias in the original statement

The question itself may suggest these incidents are isolated or rare occurrences, when in fact they appear to be systemic issues:

  • Multiple sources confirm this is an ongoing problem rather than occasional mistakes [4] [1]
  • The detention of U.S. citizens appears to be more widespread than commonly acknowledged, with documented cases ranging from military veterans to federal employees [1] [2]

Several groups have vested interests in how this information is presented:

  • ICE and immigration enforcement agencies benefit from minimizing these incidents
  • Civil rights organizations and immigration reform advocates benefit from highlighting these cases to push for systemic changes
  • The federal government faces potential liability and public relations challenges from these wrongful detentions
Want to dive deeper?
What legal protections exist for U.S. citizens wrongfully detained by ICE?
How many lawsuits have been filed against ICE for detaining American citizens?
What is the process for U.S. citizens to prove their citizenship when detained by ICE?
How does ICE verify citizenship status before making arrests?
What compensation do wrongfully detained U.S. citizens receive from ICE?