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