Fact check: What are the legal requirements for ICE to detain a US citizen?

1. Summary of the results

Based on the analyses provided, ICE does not have clear legal authority to detain U.S. citizens in the same manner they detain non-citizens. The sources reveal that ICE detainers are deeply flawed and can lead to illegal detention of U.S. citizens ^[1].

The case of Peter Sean Brown, a U.S. citizen who was illegally detained on an ICE immigration detainer that incorrectly identified him as a deportable Jamaican immigrant, demonstrates the system's failures ^[1]. A federal court ruled in Brown's favor, establishing that local law enforcement agencies cannot rely solely on ICE detainers and must ensure there is probable cause before arresting someone ^[1].

The Fourth Amendment protections apply to U.S. citizens, and detention without probable cause violates constitutional rights ^[1]. Recent events involving New York City Comptroller Brad Lander, where charges were dropped and he was released within hours after ICE arrest, suggest potential lack of probable cause when ICE attempts to detain U.S. citizens ^[2].

2. Missing context/alternative viewpoints

The analyses reveal several critical gaps in understanding ICE's detention practices:

• ICE can detain individuals with valid documentation, including green card holders, if they have past offenses, even nonviolent misdemeanors, as shown in the case of Victor Avila, a 66-year-old green card holder detained despite his valid documentation ^[3]
• Internal government documents show that only a fraction of migrants in ICE custody have been convicted of serious violent or sexual crimes, with more than 75% having no criminal conviction other than immigration or traffic-related offenses ^[4]
• The immigration detention system affects people with valid temporary or permanent legal residency, not just undocumented individuals ^[5]
• Local officials act at their own peril when they accept ICE detainers to justify additional detention, as demonstrated by successful legal challenges ^[1]

3. Potential misinformation/bias in the original statement

The original question assumes that there are established legal requirements for ICE to detain U.S. citizens, but the analyses suggest this assumption may be flawed. The evidence indicates that:

• ICE lacks proper authority to detain U.S. citizens in most circumstances, and such detentions often violate constitutional protections ^[1]
• The question may inadvertently legitimize a practice that courts have found to be constitutionally problematic and lacking in proper legal foundation ^[1]
• The framing doesn't acknowledge that ICE detentions of U.S. citizens are typically the result of system errors rather than legitimate legal procedures, as demonstrated by the Peter Sean Brown case ^[1]

The analyses suggest that rather than having legal requirements for detaining U.S. citizens, ICE's detention system is fundamentally flawed and poses risks to constitutional rights when applied to U.S. citizens.