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Fact check: Can ICE arrest US citizens for suspected immigration-related crimes?

Checked on June 17, 2025

1. Summary of the results

Based on the analyses provided, ICE can and does arrest US citizens for suspected immigration-related crimes, though this often occurs through mistaken identity, enforcement overreach, or interference charges rather than direct immigration violations.

The evidence shows multiple documented cases of US citizens being detained by ICE:

  • Mistaken Identity Cases: ICE agents detained a US Marshal by mistake [1], and a US Marshals Service deputy who "fit the general description" of a subject being sought [2]. A US-born man was also detained due to language barriers and potential racial profiling [3].
  • Interference/Obstruction Charges: A 9-month pregnant US citizen, Cary López Alvarado, was detained by ICE agents on allegations of obstructing the arrest of her undocumented partner [4] [5]. NYC Comptroller Brad Lander was also detained while trying to ask for a warrant during an ICE operation [6].
  • Enforcement Raids: Javier Ramirez, a US citizen with no criminal record according to his family, was arrested during an immigration raid in Montebello [7].

The legal framework enables these arrests because ICE agents often do not need warrants to arrest people suspected of being in the country illegally, relying instead on "probable cause" as a subjective standard for warrantless arrests [8].

2. Missing context/alternative viewpoints

The original question lacks several crucial contextual elements:

  • Legal Authority vs. Practice: While ICE's primary mandate is immigration enforcement against non-citizens, the analyses reveal that US citizens can be arrested for interfering with ICE operations or through mistaken identity during enforcement actions.
  • Policy Changes: ICE has been scaling back rules for courthouse raids, potentially leading to "an escalation in enforcement tactics and potential disputes over state and local laws" [9], which could increase encounters with US citizens.
  • Systemic Issues: The cases suggest racial profiling and language barriers contribute to wrongful detentions of US citizens [3], indicating broader enforcement problems beyond simple legal authority.
  • Political Implications: These arrests occur during heightened immigration enforcement periods, with local officials like Brad Lander being detained while attempting oversight of ICE operations [6], suggesting potential conflicts between federal enforcement and local governance.

3. Potential misinformation/bias in the original statement

The original question is factually neutral and does not contain apparent misinformation or bias. However, it could be interpreted as seeking to understand whether ICE has overstepped its legal boundaries, which the evidence confirms has occurred multiple times.

The question's framing as "suspected immigration-related crimes" is somewhat imprecise, as US citizens cannot commit immigration violations by virtue of their citizenship status. The more accurate framing would address whether ICE can arrest US citizens for interfering with immigration enforcement or through mistaken identity during immigration operations - both of which the evidence clearly demonstrates has happened repeatedly.

Want to dive deeper?
What are the legal protections for US citizens during ICE encounters?
Can ICE detain US citizens without a warrant?
How many US citizens have been mistakenly detained by ICE in 2024?
What is the process for a US citizen to report an ICE detention error?
Do US citizens have the right to an attorney during ICE questioning?