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The detention of U.S. citizens by ICE and related DHS components, despite legal protections, and the gap between law and practice.
citizens wrongfully detained by have pathways to seek money damages and constitutional relief, but the routes are narrow, technical, and often blocked by doctrines like sovereign immunity and judicial...
was created in 2003 when the Homeland Security Act folded investigative and interior-enforcement functions of the and parts of the Customs Service into the new , recasting immigration enforcement as a...
holds that an officer’s subjective motive is irrelevant to “reasonableness” when there is an objectively justifiable basis for a seizure, a ruling courts have repeatedly applied to allow pretextual tr...
Consequences for ICE agents involved in wrongful arrests currently range from civil lawsuits against the federal government to possible internal discipline, local or state criminal referral in narrow ...
citizens have been detained by in recent months, often amid large interior enforcement operations and sometimes captured on video; , , and local reporting document multiple incidents and patterns of w...
Since 2024 ’s handling of families inside the shifted from a constrained, largely non-family detention posture to a and reactivation of family detention operations, driven by new funding, reopened fac...
U.S. citizens retain the full panoply of constitutional protections—due process, freedom from unreasonable seizure, and access to counsel—even when mistakenly or wrongfully detained by ICE or related ...