Can ICE Detain U.S. Citizens?

Although American citizens cannot be deported, Immigration and Customs Enforcement (ICE) officials sometimes accidentally detain citizens. For example, ICE may detain American citizens based on outdated records, misidentification, or confusion regarding a person’s immigration status. If you are a United States citizen and are stopped by ICE, it is critical to know what to do to protect your rights. Below, our immigration lawyer explains in further detail below.

Is ICE Allowed to Detain American Citizens?

No, ICE cannot legally arrest or deport a U.S. citizen. However, this does not mean ICE never detains American citizens. In fact, the federal government has even faced lawsuits for the wrongful detention of U.S. citizens. ICE may detain citizens of the country if they have reason to believe they are not American citizens. While detaining an American citizen is a violation of the law, ICE might hold a person until they can confirm the citizenship status of the individual. There are many reasons ICE may detain a person and they include:

• Mistakenly identifying someone, such as confusion if they are looking for someone with a similar name
• Federal databases that contain inaccurate or outdated immigration records
• A person was born to American citizen parents in another country and documentation of their citizenship is unclear or incomplete

Even though ICE does not have the authority to deport American citizens, the above errors show why quick legal intervention is of the utmost importance.

Should American Citizens Be Concerned About ICE Arrests?

The vast majority of U.S. citizens will never be detained by ICE, but the possibility of wrongful detentions is still very real. ProPublica, for example, has found that over 170 U.S. citizens have been detained by ICE. Although this number is relatively small compared to the tens of thousands of individuals arrested by ICE every year, it indicates that while the risk is rare, there are serious consequences for people who experience it.

What Should U.S. Citizens Do if They are Stopped by ICE?

It is very intimidating to be stopped by ICE agents and you may not know what to do. The most important steps are as follows:

• Remain calm and do not resist, as this can escalate the situation.
• Ask why you are being detained and if you are free to leave.
• Do not sign anything until you have spoken to a immigration attorney.
• Inform the agents that you are an American citizen and if possible, provide them with proof.
• Ask to contact your lawyer immediately.

Call Our Immigration Attorney Today

As an American citizen, you should never have to worry about being detained by ICE. Unfortunately, these arrests happen more often than many people think. If you are detained, it is critical that you speak to a Atlanta immigration attorney who can protect your rights, secure your release, and hold the authorities responsible for the mistakes they made. For a consultation to discuss your case and needs, please call Shirazi Immigration Law, Inc. today at 404-523-3611.

Serving clients in Atlanta, Moultrie, and Dalton, GA and Chattanooga, TN.

Source:

abcnews.go.com/US/us-born-citizen-sues-after-arrested-immigration-agents/story?id=126129734