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Fact check: Can ICE detain US citizens

Checked on June 17, 2025

1. Summary of the results

Based on the analyses provided, ICE can and does detain US citizens, despite this being outside their legal mandate. Multiple recent incidents demonstrate this concerning pattern:

  • A U.S. Marshal was mistakenly detained by ICE agents due to mistaken identity [1] [2]
  • Leonardo García Venegas, a 25-year-old US citizen, was detained at an Alabama construction site despite providing proof of citizenship, with agents claiming his documentation was fake [3]
  • Alma Bowman, a 58-year-old US citizen and daughter of a Vietnam War Navy veteran, remains detained in a private immigration facility despite legal challenges from her family, attorneys, and a US Representative [4]
  • Cary López Alvarado, a 28-year-old pregnant US citizen, was apprehended by ICE on allegations of obstructing her undocumented partner's arrest [5]
  • A Southern California father who is a US citizen was wrongfully arrested during an immigration raid despite claiming his citizenship and having no criminal record [6]

2. Missing context/alternative viewpoints

The original question lacks crucial context about the systemic nature and underlying causes of these detentions:

  • ICE agents are under pressure to increase daily arrest volumes, which contributes to wrongful arrests of US citizens [2]
  • Racial profiling plays a significant role, with ICE agents stopping and detaining US citizens, including Native Americans, due to aggressive mass deportation policies [7]
  • ICE has quietly scaled back rules for courthouse raids, potentially increasing the likelihood of inadvertent detention of US citizens in legal proceedings [8]

Private detention companies benefit financially from increased detention numbers, regardless of citizenship status, creating perverse incentives for prolonged detention [4]. Immigration enforcement agencies benefit from demonstrating high arrest numbers to justify their budgets and operations.

The question also omits the legal implications - these detentions appear to violate constitutional rights, as US citizens cannot legally be held in immigration detention facilities.

3. Potential misinformation/bias in the original statement

The original question itself is neutral and factual, seeking clarification on ICE's authority. However, it could be misleading if interpreted to suggest this is legally permissible. While ICE can physically detain US citizens (as evidenced by multiple cases), they lack legal authority to do so under immigration law.

The question might inadvertently normalize illegal detention practices by framing it as a matter of capability rather than legality. The evidence shows these detentions occur through mistaken identity, racial profiling, and pressure to meet arrest quotas rather than legitimate legal authority [2] [7] [3].

Want to dive deeper?
What are the legal protections for US citizens during ICE encounters?
How many US citizens have been mistakenly detained by ICE in 2024?
Can ICE detain US citizens without due process?
What rights do US citizens have during ICE detention?
How does ICE verify the citizenship status of detainees?