Fact Check: ICE can detain a US citizen for more than 24 hours

Fact Check: ICE can detain a US citizen for more than 24 hours

Published July 23, 2025
VERDICT
True

# Fact Check: "ICE can detain a US citizen for more than 24 hours" ## What We Know U.S. Immigration and Customs Enforcement (ICE) has been involved i...

Fact Check: "ICE can detain a US citizen for more than 24 hours"

What We Know

U.S. Immigration and Customs Enforcement (ICE) has been involved in the detention of U.S. citizens under certain circumstances. Reports indicate that some U.S. citizens have been mistakenly identified as foreign nationals and subsequently detained by ICE or U.S. Customs and Border Protection (CBP) on immigration charges. According to a GAO report, ICE and CBP have policies for investigating the citizenship of individuals they encounter, but inconsistencies in guidance and tracking have been noted. Data from ICE shows that between fiscal years 2015 and 2020, ICE arrested 674 individuals, detained 121, and removed 70 potential U.S. citizens (GAO report, 2021).

ICE detainers, which are requests for local law enforcement agencies to hold individuals for up to 48 hours to allow ICE to assume custody, can lead to situations where individuals, including U.S. citizens, are detained for extended periods. If ICE does not take custody within this time frame, the law enforcement agency is required to release the individual, but this does not prevent initial detentions from exceeding 24 hours (ICE Detainers, source-1).

Analysis

The claim that ICE can detain a U.S. citizen for more than 24 hours is supported by evidence from multiple sources. The GAO report highlights that ICE has detained U.S. citizens, albeit mistakenly in some cases, and that their policies allow for detentions that can exceed 24 hours. The report also indicates that ICE does not consistently track these encounters, which raises concerns about accountability and oversight (GAO report, source-4).

Further, a recent case reported by NBC News involved a U.S. citizen who was detained for more than 24 hours without valid grounds, illustrating that such detentions do occur in practice (NBC News, source-6). This aligns with the findings from the GAO report, which underscores the potential for U.S. citizens to be detained under immigration enforcement actions.

While ICE has procedures in place for investigating citizenship, the inconsistencies in training and policy implementation can lead to unlawful detentions. The GAO report recommends that ICE improve its tracking and documentation of encounters with potential U.S. citizens to prevent such occurrences in the future (GAO report, source-4).

The reliability of the sources used in this analysis is generally high, with the GAO report being an official government document that provides a comprehensive overview of ICE's practices. The NBC News article, while a news report, is based on a specific case that illustrates the broader issue of unlawful detentions.

Conclusion

The verdict is True. ICE can and has detained U.S. citizens for more than 24 hours under certain circumstances, particularly when there are mistakes in identifying citizenship. The evidence from multiple credible sources confirms that such detentions have occurred, highlighting the need for better tracking and oversight in ICE's enforcement practices.

Sources

  1. Immigration Detainers
  2. 2025 National Detention Standards - ICE
  3. Policy Number 10074.2
  4. Immigration Enforcement: Actions Needed to Better Track ...
  5. ICE DETAINERS
  6. U.S. citizen seeks $1M after arrest for filming Home Depot ...
  7. What to Do if You Are Arrested or Detained by Immigration
  8. 22 People Arrested in ICE Raids Announce Federal Court ...

Have a claim you want to verify? It's 100% Free!

Our AI-powered fact-checker analyzes claims against thousands of reliable sources and provides evidence-based verdicts in seconds. Completely free with no registration required.

💡 Try:
"Coffee helps you live longer"
100% Free
No Registration
Instant Results

Comments

Leave a comment

Loading comments...

More Fact Checks to Explore

Discover similar claims and stay informed with these related fact-checks

Fact Check: ICE can detain a US citizen foe up to 48 hours
Unverified
🎯 Similar

Fact Check: ICE can detain a US citizen foe up to 48 hours

Detailed fact-check analysis of: ICE can detain a US citizen foe up to 48 hours

Jul 23, 2025
Read more →
Fact Check: ICE can detain a US citizen indefinitely
False
🎯 Similar

Fact Check: ICE can detain a US citizen indefinitely

Detailed fact-check analysis of: ICE can detain a US citizen indefinitely

Jul 23, 2025
Read more →
Fact Check: The kind of masculine energy, I think, is good. Having a culture that celebrates the aggression a bit more has its own merits. That was Mark Zuckerberg speaking on the Joe Rogan podcast in January. The Meta CEO made these comments just as his company was announcing sweeping policy changes, from unwinding its hate speech rules, to rolling back diversity efforts, to breaking up its civil rights team, to ending the fact-checking program that infuriated President Donald Trump during his first term in office. The speed and scope of these moves gave many onlookers a sense of whiplash. So we spoke to more than 50 people about Mark Zuckerberg's politics and his tumultuous relationship to Washington over the years to find out what's up.
True
🎯 Similar

Fact Check: The kind of masculine energy, I think, is good. Having a culture that celebrates the aggression a bit more has its own merits. That was Mark Zuckerberg speaking on the Joe Rogan podcast in January. The Meta CEO made these comments just as his company was announcing sweeping policy changes, from unwinding its hate speech rules, to rolling back diversity efforts, to breaking up its civil rights team, to ending the fact-checking program that infuriated President Donald Trump during his first term in office. The speed and scope of these moves gave many onlookers a sense of whiplash. So we spoke to more than 50 people about Mark Zuckerberg's politics and his tumultuous relationship to Washington over the years to find out what's up.

Detailed fact-check analysis of: The kind of masculine energy, I think, is good. Having a culture that celebrates the aggression a bit more has its own merits. That was Mark Zuckerberg speaking on the Joe Rogan podcast in January. The Meta CEO made these comments just as his company was announcing sweeping policy changes, from unwinding its hate speech rules, to rolling back diversity efforts, to breaking up its civil rights team, to ending the fact-checking program that infuriated President Donald Trump during his first term in office. The speed and scope of these moves gave many onlookers a sense of whiplash. So we spoke to more than 50 people about Mark Zuckerberg's politics and his tumultuous relationship to Washington over the years to find out what's up.

Jul 26, 2025
Read more →
Fact Check: there are suspicions that at least one US citizen had died in ICE custody
Unverified

Fact Check: there are suspicions that at least one US citizen had died in ICE custody

Detailed fact-check analysis of: there are suspicions that at least one US citizen had died in ICE custody

Jul 23, 2025
Read more →
Fact Check: at least one US citizen had died in ICE custody
False

Fact Check: at least one US citizen had died in ICE custody

Detailed fact-check analysis of: at least one US citizen had died in ICE custody

Jul 23, 2025
Read more →
Fact Check: a us citizen detained by ice can he held at an undisclosed facility
Partially True

Fact Check: a us citizen detained by ice can he held at an undisclosed facility

Detailed fact-check analysis of: a us citizen detained by ice can he held at an undisclosed facility

Jul 23, 2025
Read more →