08 October 2025

U.S. Immigration and Customs Enforcement (ICE)

Does ICE have authorization to arrest US citizens?

No, U.S. Immigration and Customs Enforcement (ICE) does not have the legal authority to arrest or detain U.S. citizens, as their authority is limited to non-citizens. However, mistaken arrests of U.S. citizens by ICE have occurred, so it is important for citizens to assert their status, ask to speak with a lawyer, request the officer's name and badge number, and be prepared to provide proof of citizenship if questioned or detained. 

Understanding ICE Authority
  • Civil vs. Criminal Matters: ICE's primary role is enforcing civil immigration laws. 
  • Constitutional Protections: As a U.S. citizen, you are protected by the Constitution, which ICE cannot violate. 
  • Misidentification: While legally prohibited from arresting citizens, ICE has been known to erroneously detain U.S. citizens. 
  • What to Do if an ICE Agent Interacts With You
  • Assert Your Citizenship: State clearly that you are a U.S. citizen. 
  • Ask to Speak to a Lawyer: You have the right to legal counsel. 
  • Request Identification: Ask for the agent's name and badge number and record the information. 
  • Do Not Consent to Searches: You can decline a search of your person or property. 
  • Be Prepared to Prove Citizenship: While you don't carry a passport all the time, have something like a birth certificate or other documentation ready to quickly prove your status.
Seeking Help
  • If ICE detains or questions you in error, consult a lawyer about filing a lawsuit, as the agency and its officers may be liable for damages.
  • If you are a U.S. citizen, you cannot be deported.
Sources:
  • https://iamerica.org/know-your-rights/
  • https://goldman.house.gov/media/press-releases/goldman-warren-padilla-kelly-and-correa-demand-investigations-ices-detention#:~:text=ICE%20policy%20makes%20clear%20that%2C%20%E2%80%9C%5Ba%5Ds%20a,times%20appearing%20to%20use%20violent%20physical%20force.
  • https://www.congress.gov/crs_external_products/LSB/HTML/LSB10362.web.html

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