Fact check: Can ICE detain US citizens without probable cause?

1. Summary of the results

Based on the analyses provided, ICE has repeatedly detained US citizens without probable cause, despite this practice violating Fourth Amendment rights. Multiple documented cases demonstrate this pattern:

• Peter Sean Brown, a US citizen, was illegally detained by ICE in violation of his Fourth Amendment rights, with a federal court ruling in his favor ^[1]
• Julio Noriega, a US citizen, was detained by ICE for over 10 hours without a warrant or probable cause ^[2]
• Juan Carlos Lopez-Gomez, a US-born citizen, was detained despite having a US birth certificate and a county judge finding no reason for him to be considered an 'illegal alien' ^{[3] [4]}
• Jose Hermosillo, another US citizen, was also wrongly detained during the Trump administration ^[4]

The analyses reveal that these detentions occurred when ICE incorrectly identified US citizens as deportable immigrants, with one case involving mistaken identity where a citizen was thought to be "a deportable Jamaican immigrant" ^[1]. The sources indicate this has been an ongoing issue, with ICE holding "migrants and sometimes even U.S. citizens for days at a time" ^[5].

2. Missing context/alternative viewpoints

The original question lacks important context about the systematic nature of these violations and the legal consequences ICE has faced. The analyses show that federal courts have ruled against ICE in these cases, establishing legal precedent that such detentions are unconstitutional ^[1].

The sources also reveal that this issue became particularly pronounced during the Trump administration, which had "a history of unlawful arrests and detention of US citizens and immigrants" and made "attempts to bypass due process for immigrants" ^{[2] [4]}. This suggests the practice may be influenced by broader immigration enforcement policies and political priorities.

Civil rights organizations like the ACLU have been actively challenging these detentions in federal court, indicating there is organized legal resistance to these practices ^[1]. The Department of Homeland Security has also imposed new restrictions on congressional visits to ICE facilities, which may limit oversight of detention practices ^[6].

3. Potential misinformation/bias in the original statement

The original question itself does not contain misinformation, as it poses a legitimate inquiry about ICE's detention authority. However, the framing could be misleading by suggesting this might be a legal gray area when the evidence clearly shows that detaining US citizens without probable cause violates the Fourth Amendment and has been ruled illegal by federal courts ^[1].

The question also doesn't acknowledge that while ICE can physically detain US citizens (as the cases demonstrate), doing so without probable cause is illegal and has resulted in successful federal lawsuits. This distinction between what ICE has done versus what it is legally authorized to do is crucial for understanding the issue accurately.