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Fact check: Can ICE detain US citizens without due process?

Checked on June 18, 2025

1. Summary of the results

Based on the analyses provided, ICE has indeed detained and deported US citizens without due process. The evidence shows multiple documented cases where this has occurred:

  • At least two families, including US citizen children, were deported without due process [1]
  • A federal judge specifically stated that a 2-year-old US citizen appears to have been deported to Honduras "with no meaningful due process," indicating a violation of constitutional rights [2]
  • Immigration attorneys claim ICE knowingly deported US citizen children ages 9, 5, and 4 after being informed of their citizenship status, demonstrating deliberate disregard for the law [3]
  • Multiple examples exist of US citizens being detained by ICE and held in detention centers without proper procedures [4]
  • ICE has specifically targeted US citizens, particularly those with Latinx names, for detention and deportation [5]

The detention system itself appears fundamentally flawed, with poor conditions including overcrowding, lack of medical care, and inadequate food in immigration detention centers [6] [7], which affects all detainees including citizens who may be mistakenly held.

2. Missing context/alternative viewpoints

The original question lacks several critical contextual elements:

  • The scale and systematic nature of the problem: The Trump administration's efforts to increase deportations have led to US citizens being "caught up in the process" as part of broader immigration enforcement [4]
  • Targeting patterns: There is evidence that ICE specifically targets individuals with Latinx names, suggesting potential racial profiling in citizen detention cases [5]
  • Administrative policy context: The Trump administration has considered deporting US citizens as part of broader immigration policies, indicating this may be intentional rather than accidental [5]
  • Expansion plans: The Trump administration plans to expand detention facilities and increase deportations, which could lead to more instances of citizens being detained without due process [7]

Government officials and immigration enforcement agencies would benefit from downplaying these incidents as isolated mistakes rather than systematic violations, as acknowledging widespread due process violations would undermine the legitimacy of their enforcement operations and potentially expose them to legal liability.

3. Potential misinformation/bias in the original statement

The original question itself does not contain misinformation, but it may inadvertently suggest that citizen detention without due process is merely a theoretical possibility rather than a documented reality. The question's framing as "Can ICE detain..." implies uncertainty about whether this occurs, when the evidence clearly shows it has already happened multiple times [1] [2] [3] [4].

The question also lacks specificity about the deliberate nature of some of these detentions, as immigration attorneys have documented cases where ICE was explicitly informed of citizenship status yet proceeded with deportations anyway [3], suggesting these are not merely administrative errors but potentially willful violations of citizens' rights.

Want to dive deeper?
What are the constitutional protections for US citizens during ICE encounters?
How many cases of mistaken identity have led to ICE detaining US citizens?
What is the process for a US citizen to challenge an ICE detention?
Can ICE detain US citizens based on ancestry or national origin?
What role does the Fourth Amendment play in ICE detention of US citizens?