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Fact check: Is ICE detaining legal immigrants?

Checked on June 13, 2025

1. Summary of the results

Evidence strongly indicates that ICE is detaining legal immigrants in various contexts. Multiple specific cases have been documented, including:

  • An asylum applicant named Zeneyda Barrera Hernandez [1]
  • A legal migrant in Ohio with a 30-year work history and derivative U visa [1]
  • A military veteran in Newark, New Jersey [1]
  • A family with a U.S. citizen child who was detained overnight despite having a stay of removal order [2]

2. Missing context/alternative viewpoints

Several important contextual elements need to be considered:

  • ICE is conducting targeted operations rather than purely indiscriminate detentions [3]
  • A significant portion of arrests are "collateral arrests" - people who weren't the primary targets but were found during operations [4]
  • ICE employs alternative detention methods, including GPS tracking and ankle monitors [5]
  • There have been widespread protests against these detention practices [6]
  • Detainees have actively resisted these conditions, as evidenced by a revolt at the Delaney Hall Detention Facility [7]

3. Potential misinformation/bias in the original statement

The original question oversimplifies a complex situation:

  • While legal immigrants are being detained, many detentions occur during broader immigration sweeps targeting specific locations [3]
  • Statistics show that in one operation with 1,200 arrests, approximately half of those detained had no criminal record, suggesting a mix of legal and undocumented individuals [4]

Who benefits from different narratives:

  • Immigration lawyers and advocacy groups benefit from highlighting cases of legal immigrants being detained, as it demonstrates potential systemic issues
  • ICE benefits from emphasizing the "targeted" nature of their operations and alternative detention methods [3] [5]
  • Political actors on both sides can use these incidents to support their immigration policy positions
Want to dive deeper?
What are the legal grounds for ICE to detain documented immigrants?
How many legal immigrants has ICE detained in the past year?
What rights do legal immigrants have when detained by ICE?
Can ICE detain green card holders and under what circumstances?
What is the difference between ICE detention of legal versus illegal immigrants?