While a US citizen detained by ICE cannot be deported, ICE sometimes detains citizens in error. ICE may detain US citizens based on, for example, misidentification, outdated records, or confusion about a person’s citizenship status. Understanding what to do if ICE stops you and you are a US citizen is essential to protecting your rights.
At EMP Law, we understand how stressful and frightening it is when ICE wrongfully detains someone, especially someone who should never face immigration enforcement. Our attorneys fight to protect the rights of individuals in North Carolina. We help clients with immigration cases of all types, including those at the intersection of criminal law and immigration law. If ICE has detained you or a loved one, we can also help you seek release on bond.
Can ICE Arrest US Citizens?
Legally, ICE cannot deport or arrest a US citizen. However, ICE officers may temporarily detain someone if they believe that the person may not be a citizen, and ICE has been known to wrongfully deport U.S. citizens, anyway. While detaining a US citizen breaks the law, ICE may hold someone until it can confirm the individual’s citizenship status.
Common reasons ICE detains US citizens include:
- Misidentification, such as confusion with someone who has a similar name;
- Federal databases containing outdated or inaccurate immigration records;
- Birth abroad to US citizen parents, where documentation of citizenship is incomplete or unclear; or
- Mistakes when verifying that someone is a naturalized citizen.
Although ICE cannot deport US citizens, these mistakes demonstrate why quick legal intervention is critical.
Should US Citizens Be Worried About ICE?
Most US citizens will never face ICE detention, but wrongful detentions remain a real possibility. Between 2003 and 2019, studies documented hundreds of cases where ICE detained or even attempted to deport US citizens. While this number looks small compared to the tens of thousands of people ICE arrests each year, it shows that the risk, though rare, still creates serious consequences for those who experience it.
What to Do If ICE Stops You and You Are a US Citizen
If ICE officers stop you, knowing your rights can help you respond safely and effectively. Here is what to do if ICE stops you and you are a US citizen:
- Stay calm. Do not become argumentative or physically resist. Physical resistance can escalate the situation.
- Ask why ICE is detaining you and if you are free to leave. If ICE lacks the legal right to keep you there, you can walk away.
- Do not sign documents without consulting a lawyer. ICE paperwork may involve agreeing to give up legal rights or to leave the country.
- Assert your citizenship. Clearly state that you are a US citizen and provide proof if available.
- Request an attorney immediately. An immigration lawyer can contact ICE supervisors, provide supporting documents, and, if needed, file a court request to challenge unlawful detention or notify federal authorities to secure your release.
- Inform loved ones. Your loved ones may be able to bring documentation to prove your citizenship, coordinate finding a lawyer, and notify local or federal officials to support your claim.
Every case is different, but prompt legal help often ends a wrongful detention more quickly. Unfortunately, in many cases, ICE officers may still keep someone in custody until someone brings proof of their citizenship, like a birth certificate or passport, or an attorney intervenes.
Green Card Holder ICE Detention vs. US Citizen Detention
ICE has the authority to deport lawful permanent residents (LPRs) when they violate certain immigration laws. This means ICE has the authority to detain LPRs, and securing their release can be more complicated.
In contrast, ICE does not have the authority to detain US citizens. A US citizen detained by ICE should be promptly released. When the agency holds a citizen, it always acts by mistake and must correct the error.
Protecting Your Rights Against Wrongful ICE Detention
No one expects authorities to question their citizenship status in their own country. Yet, ICE can be indiscriminate. A US citizen detained by ICE typically needs prompt legal representation to protect their rights, secure their release, and hold authorities accountable for mistakes.
At EMP Law, our attorneys know how to act quickly when ICE exceeds its authority. We create an action plan during consultations, communicate directly with ICE officers and government agencies, and work to keep you protected under the law. Contact EMP Law today if ICE has detained you or someone you love in North Carolina.
Helen believes in providing caring, thoughtful and thorough representation for each and every person.
In particular, Helen focuses on helping individuals navigate the maze of rules, procedures and processes created by the United States Citizenship and Immigration Services and those facing criminal charges or deportation.
She represents clients facing criminal charges in both state and federal court. She is a member of the Criminal Justice Act panel of attorneys in the Middle District of North Carolina, and is admitted to practice before the Eastern, Middle and Western District Federal Courts as well as the Fourth and Eleventh Circuit Courts of Appeal.
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