Keep Factually independent

Whether you agree or disagree with our analysis, these conversations matter for democracy. We don't take money from political groups - even a $5 donation helps us keep it that way.

Loading...Time left: ...
Loading...Goal: $500

Fact check: Does ICE detain legal immigrants and asylum seekers in addition to undocumented immigrants?

Checked on June 12, 2025

1. Summary of the results

Yes, ICE does detain legal immigrants and asylum seekers in addition to undocumented immigrants. This is evidenced by multiple concrete examples and data:

  • Over 38,000 people were in ICE custody as of January 2024, including both long-term U.S. residents and asylum seekers [1]
  • A documented case shows an asylum-seeking family from Honduras being detained during a routine ICE check-in, despite following legal procedures and having a court order barring deportation [2]
  • Multiple instances of asylum seekers being detained during routine check-ins at federal buildings have been reported, including cases involving pregnant women and children [3]

2. Missing context/alternative viewpoints

Several important contextual elements need to be considered:

  • While ICE has broad authority to detain "removable aliens" [4], they are currently not actively targeting asylum seekers without criminal records [5]
  • Asylum seekers are technically not subject to deportation while their cases are pending, though they can still be detained [5]
  • There appears to be a discrepancy between official statements and reported practices - an ICE spokesperson denied certain detention practices, but detailed accounts suggest otherwise [3]

3. Potential misinformation/bias in the original statement

The original question might suggest a simple yes/no answer, but the reality is more complex:

  • The term "legal immigrants" encompasses multiple categories, including long-term residents and asylum seekers with different legal statuses [1]
  • ICE's official communications use the term "removable aliens" [6], which can obscure the distinction between different immigrant categories
  • Different sources may have different biases:
  • Official ICE statements tend to minimize controversial practices [3]
  • News sources like The Intercept and Bloomberg provide more detailed accounts of individual cases [7] [1]
  • Advocacy groups might emphasize more controversial cases to highlight systemic issues
Want to dive deeper?
What is the difference between ICE detention facilities and immigration processing centers?
How long can ICE legally detain asylum seekers while their cases are pending?
What rights do legal immigrants have if they are detained by ICE?
Under what circumstances can ICE detain someone with legal immigration status?
What oversight mechanisms exist for ICE detention practices and policies?