Index/Topics/Immigration law

Immigration law

Constitutional rights of undocumented detainees, including the right to remain silent and the right to refuse questioning without a lawyer.

Fact-Checks

69 results
Jan 11, 2026
Most Viewed

Does ice have the authority to detain and arrest people unrelated to immigration

ICE’s statutory authority is focused on enforcing federal immigration law: the agency can question, briefly detain with reasonable suspicion, arrest noncitizens it believes are in the country unlawful...

Jan 16, 2026
Most Viewed

Can ICE demand ID from U.S. citizens or only noncitizens on public property?

Federal law does not create a general obligation for U.S. citizens to carry or show proof of citizenship in public, and ICE (a federal immigration agency) has statutory authority to question, detain o...

Jan 28, 2026
Most Viewed

Does ice enforcement need a warrant to arrest illegal

gives broad authority to arrest noncitizens without a traditional judge‑issued criminal warrant in many circumstances, and the agency routinely uses internal administrative warrants (Forms I-200 and I...

Jan 19, 2026

what protections do sanctuary cities give immigrants

Sanctuary cities do not create federal immunity; they are local or state policies that limit some forms of cooperation with federal immigration authorities and expand access to services for noncitizen...

Jan 11, 2026

Can ICE detain US citizens and under what circumstances?

ICE’s official posture and federal law make a clear legal line: immigration authorities do not have the civil power to arrest and detain lawful U.S. citizens as part of removal proceedings . Neverthel...

Jan 11, 2026

What federal statutes specifically define obstruction or assault on a federal officer that prosecutors use in ICE-interference cases?

Federal prosecutors most commonly rely on 18 U.S.C. § 111 (assaulting, resisting, or impeding certain officers) and obstruction statutes in Title 18 — frequently cited is 18 U.S.C. § 1503 (obstruction...

Jan 17, 2026

What training do new ICE agents receive at the academy and field offices?

New ICE law‑enforcement hires receive a mix of classroom, tactical and firearms instruction at the ICE Academy operated inside the Federal Law Enforcement Training Center (FLETC) in Glynco, Georgia, s...

Jan 11, 2026

How do ICE administrative warrants differ from judicial warrants, and what court rulings have limited their use?

ICE administrative (or removal) warrants are internal agency documents signed by immigration officials rather than judges and authorize ICE to arrest a person believed removable, but they do not, by t...

Jan 14, 2026

How do administrative ICE warrants differ from judicial warrants and what do they allow agents to do?

Administrative ICE warrants are agency-issued documents—signed by DHS or ICE officials rather than judges—that authorize immigration officers to detain or remove an individual but, unlike judicial war...

Jan 28, 2026

Can U.S. citizens be legally deported by ICE?

No: as a matter of law, through civil immigration procedures, and policy recognizes that it lacks authority to “arrest and/or detain a U.S.” in . That legal rule, however, exists alongside a documente...

Jan 31, 2026

is ICE action illegal

Federal immigration officers have statutory authority to arrest, detain and remove noncitizens and to use force under and guidelines, but those powers are not unlimited; courts, civil-rights advocates...

Jan 17, 2026

When can ICE lawfully detain someone in public and what counts as probable cause?

ICE may detain a person in public when officers have statutory authority and either a warrant or probable cause that the individual is removable or has committed a federal offense, but the agency’s po...

Jan 13, 2026

How does ICE categorize 'criminals' versus immigration violators in its public data releases?

ICE’s public data classifies people it arrests into discrete criminal-history buckets—those with U.S. criminal convictions, those with pending criminal charges, and a residual “other immigration viola...

Jan 14, 2026

What are best practices for documenting an ICE encounter and filing complaints about misconduct?

When ICE appears, the immediate priority is safety and preserving evidence: remain calm, assert legal rights (including the right to remain silent and to refuse consent to a search), document agent id...

Jan 12, 2026

Can ICE detain American citizens

Yes — ICE agents can and have physically detained people who are U.S. citizens when agents believe those people are not citizens, and such detention can be prolonged until citizenship is proved or a c...

Jan 28, 2026

What is the anti-commandeering doctrine and how has it been applied in immigration cases?

The is a constitutional principle that forbids the federal government from ordering state legislatures or officials to administer or enforce federal regulatory programs, grounded in the and a line of ...

Jan 27, 2026

What is the EB‑1 'extraordinary ability' visa and how has it been used historically for high‑profile immigrants?

The EB‑1A “extraordinary ability” classification is a first‑preference employment‑based immigrant category for people who can demonstrate sustained national or international acclaim in the sciences, a...

Jan 18, 2026

How do administrative ICE warrants differ from judicial arrest warrants and what legal force do they carry?

Administrative ICE warrants are internal immigration documents signed by ICE or DHS officials that authorize immigration officers to arrest or effect a removal order but are not reviewed or signed by ...

Jan 14, 2026

What legal protections and rights do people in civil immigration proceedings have compared with criminal defendants?

Removal (immigration) proceedings are civil, not criminal, and that legal classification drives a narrower bundle of procedural protections for noncitizens: they have the right to a hearing and due pr...

Jan 17, 2026

When can ICE lawfully extend a traffic stop or detain passengers without a warrant?

ICE can lawfully prolong a traffic stop or detain vehicle occupants without a judicial warrant only when federal statutory authority and the Fourth Amendment’s standards are met — most critically, whe...