Senators Demand Investigation into ICE's Arrests and Detentions of U.S. Citizens

Strategic Insights -

U.S. Senators Alex Padilla, Elizabeth Warren, and Mark Kelly, along with 45 Congressional Democrats, are urging the Department of Homeland Security to launch an investigation into the agency's stops, arrests, detentions, and deportations of U.S. citizens. Despite ICE policy making it clear that the agency cannot assert its civil immigration enforcement authority to arrest and/or detain a U.S. citizen, high-profile cases have shown that ICE has arrested, detained, and even deported U.S. citizens. The lawmakers are concerned that these actions threaten the safety, due process, and civil liberties of Americans around the country, particularly in Latino and Native American communities.

Key Takeaways:

  • 45 Congressional Democrats signed a letter urging the Department of Homeland Security to investigate the agency's stops, arrests, detentions, and deportations of U.S. citizens.
  • ICE policy makes it clear that the agency cannot assert its civil immigration enforcement authority to arrest and/or detain a U.S. citizen, yet high-profile cases have shown that ICE has done so.
  • U.S. citizens have been detained in immigration detention facilities, sometimes for over a week, and have even been deported, including children with their undocumented parents.
  • The lawmakers are concerned that these actions threaten the safety, due process, and civil liberties of Americans around the country, particularly in Latino and Native American communities.
  • The investigation should cover the agency's handling of U.S. citizen encounters, including how agents are trained to verify citizenship status and whether agents are complying with the directive to update citizenship data in agency databases.
  • The lawmakers are requesting that the agency produce all policies and guidelines related to the arrest or detention of U.S. citizens, track how many U.S. citizens it stops, arrests, detains, or deports, and provide a briefing on the issue by September 5, 2025.

Statistics:

  • As of February 2025, ICE has reminded field offices to update citizenship data in agency databases.
  • The number of U.S. citizens stopped, arrested, detained, or placed in removal proceedings by ICE, CBP, or other DHS agents in 2025 is unknown, but the lawmakers are requesting that the agency provide a breakdown by month, location, reason for enforcement action, outcome, and length of time in ICE custody.
  • It is unclear how many complaints CRCL's and OIDO's current capacity for retained investigations or review referred investigations' findings.
  • The lawmakers are requesting that the agency provide a briefing on the issue, including any ongoing reviews or investigations of wrongful detentions of citizens.

Sources:

  • United States Senator Alex Padilla (D-Calif.)
  • Elizabeth Warren (D-Mass.)
  • Mark Kelly (D-Ariz.)
  • Lou Correa (D-Calif.-46)
  • Dan Goldman (D-N.Y.-10)
  • Adam Schiff (D-Calif.)
  • Richard Blumenthal (D-Conn.)
  • Dick Durbin (D-Ill.)
  • Kirsten Gillibrand (D-N.Y.)
  • Bernie Sanders (I-Vt.)
  • Mark Warner (D-Va.)
  • Ron Wyden (D-Ore.)
  • Becca Balint (D-Vt.-AL)
  • Donald S. Beyer Jr. (D-Va.-08)
  • Alexandria Ocasio-Cortez (D-N.Y.-14)
  • Madeleine Dean (D-Pa.-04)
  • Maxine Dexter (D-Ore.-03)
  • Veronica Escobar (D-Texas-16)
  • Greg Casar (D-Texas-35)
  • Judy Chu (D-Calif.-28)
  • Yvette Clark (D-N.Y.-09)
  • Lloyd Doggett (D-Texas-37)
  • Laura Friedman (D-Calif.-30)
  • JesȦs G. "Chuy" GarcÈ¡a (D-Ill.-04)
  • Sylvia Garcia (D-Texas-29)
  • Al Green (D-Texas-09)
  • Val Hoyle (D-Ore.-04)
  • Jared Huffman (D-Calif.-02)
  • Jonathan L. Jackson (D-Ill.-01)
  • Hank Johnson (D-Ga.-04)
  • Ro Khanna (D-Calif.-17)
  • Timothy M. Kennedy (D-N.Y.-26)
  • Raja Krishnamoorthi (D-Ill.-08)
  • Seth Magaziner (D-R.I.-02)
  • Sarah McBride (D-Del.-AL)
  • Grace Meng (D-N.Y.-06)
  • Dave Min (D-Calif.-47)
  • Eleanor Holmes Norton (D-D.C.-AL)
  • Delia Ramirez (D-Ill.-03)
  • Jan Schakowsky (D-Ill.-09)
  • Lateefah Simon (D-Calif.-12)
  • Suhas Subramanyam (D-Va.-10)
  • Eric Swalwell (D-Calif.-14)
  • Dina Titus (D-Nev.-01)
  • Shri Thanedar (D-Mich.-13)
  • Paul Tonko (D-N.Y.-20)
  • Ritchie Torres (D-N.Y.-15)
  • Nydia Velazquez (D-N.Y.-07)
  • Nikema Williams (D-Ga.-05)
  • Frederica Wilson (D-Fla.-24)
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