The U.S. Immigration and Customs Enforcement (ICE) sometimes detains American citizens by mistake. This can be stressful and confusing, but knowing what to do can help protect your rights and secure your release.
Remain calm and ask for Identification
ICE agents must identify themselves and state the reason for detention. Ask for their names and badge numbers. If they claim immigration issues are the reason, calmly state U.S. citizenship. Arguing or resisting can escalate the situation.
Provide proof of Citizenship
Officials may release a person quickly if they verify citizenship. A U.S. passport, birth certificate, or naturalization certificate serves as proof. If unavailable, provide a Social Security number or other verifiable details.
Request Legal Assistance
A detained person has the right to an attorney. If ICE refuses legal representation, keep requesting it. Contacting a family member or friend who can arrange legal help is also a good option. Immigration lawyers and civil rights groups assist in wrongful detention cases.
Avoid Signing Documents Without Legal Advice
ICE may pressure detainees to sign documents, including deportation orders. Signing anything without understanding the consequences makes proving citizenship harder. Request legal counsel before signing paperwork.
Contact Family or an Advocate
Inform a trusted family member, friend, or legal advocate. They can provide necessary documents and communicate with authorities. If held in a detention center, request a phone call to notify someone of the location.
Request a Hearing if Necessary
If ICE refuses to release a U.S. citizen, request a hearing before an immigration judge. The judge can review the case and confirm citizenship. Legal assistance can speed up proceedings and help secure release.
Keep Records of the Detention
Documenting the experience helps when filing complaints or lawsuits. Write down dates, times, officer names, and conversation details. If possible, gather witness statements.
Wrongful detention causes harm, including lost wages and emotional distress. After release, consulting a lawyer can determine if legal action should be taken. Civil rights groups may help hold ICE accountable for mistakes.