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Fact Check: ICE can detain a US citizen indefinitely

Fact Check: "ICE can detain a US citizen indefinitely"

What We Know

The claim that Immigration and Customs Enforcement (ICE) can detain a U.S. citizen indefinitely is misleading. According to U.S. Representative Pramila Jayapal, who is introducing legislation aimed at preventing ICE from detaining or deporting U.S. citizens, "ICE has no authority to arrest, detain, or deport U.S. citizens" (Jayapal Introduces Legislation to End ICE Targeting of US Citizens). This assertion is supported by ICE's own internal guidance, which states, “As a matter of law, ICE cannot assert its civil immigration enforcement authority to arrest and/or detain a U.S. citizen” (Jayapal Introduces Legislation to End ICE Targeting of US Citizens).

Furthermore, U.S. law explicitly prohibits the deportation of U.S. citizens. The Congressional Research Service (CRS) outlines that while ICE has the authority to detain non-citizens, it does not have the legal basis to detain U.S. citizens (Immigration Detention: A Legal Overview). The legal framework governing immigration detention emphasizes that U.S. citizens cannot be subject to removal proceedings (The Law of Immigration Detention: A Brief Introduction).

Analysis

The evidence presented indicates that ICE does not have the authority to detain U.S. citizens. The internal guidance from ICE itself, as cited by Jayapal, reinforces this point. The legal framework surrounding immigration enforcement is clear: U.S. citizens are protected from deportation and unlawful detention.

However, there have been instances reported where U.S. citizens were wrongfully detained by ICE, often due to mistaken identity or lack of proper documentation (Jayapal Introduces Legislation to End ICE Targeting of US Citizens). These cases highlight systemic issues within ICE operations but do not change the underlying legal protections afforded to U.S. citizens.

The reliability of the sources used in this analysis is high. The statements from Jayapal come from a congressional press release, which is a primary source of information regarding legislative actions. The CRS reports are nonpartisan and serve as a credible resource for understanding complex legal issues related to immigration. Additionally, legal analyses from reputable law firms, such as Tingen Law, confirm that ICE lacks the authority to detain U.S. citizens under normal circumstances (Can ICE Detain U.S. Citizens? - Tingen Law).

Conclusion

The claim that ICE can detain a U.S. citizen indefinitely is False. Legal protections prevent ICE from detaining or deporting U.S. citizens, and the agency's own guidelines affirm this limitation. While there may be instances of wrongful detention, these do not reflect a legal authority to detain citizens indefinitely.