Why Is ICE Arresting Citizens? The Shocking Data Update — October 2025

Author: Richard T. Herman, Esq., Immigration Lawyer (30+ years) Last updated: October 20, 2025

• In Chicago, a flashpoint in the national debate, federal agents conducted operations and used tear-gas during protests, raising concerns about their tactics and the impact on immigrant communities.

The American Civil Liberties Union (ACLU) has played a significant role in challenging ICE’s detention of U.S. citizens and advocating for the protection of constitutional rights.

Quick Answers

• Yes, U.S. citizens are still being arrested or held by immigration agents—most often due to database mismatches, biographical collisions (name/date of birth), outdated records, or algorithmic false positives. Frequently, these wrongful detentions occur because law enforcement fails to exercise due diligence in verifying citizenship status before making arrests. A ProPublica investigation documented 170+ U.S. citizens detained in 2025, with 20+ held over a day without contact, including children. Over 170 U.S. citizens have been held by immigration agents during ICE enforcement actions, highlighting the systemic issues within the process. Legal experts warn that racial profiling has been authorized under current immigration enforcement policies, impacting U.S. citizens and exacerbating these wrongful detentions.
• Case-in-point: A U.S.-born citizen, Leonardo Garcia Venegas, filed suit after being detained twice in work-site sweeps.
• Chicago flashpoint: Increased federal operations on the South Side/South Shore triggered scrutiny over agent tactics, including tear-gas use and a court-ordered body-camera requirement. (See detailed reporting in the AP News coverage.)
• What to do immediately: Request an A-file check, present proof of citizenship (passport, birth certificate, or naturalization certificate), and comply with lawful requests for identification, but do not sign anything without counsel. If you refused to comply with lawful orders, it could result in further detention or escalation. File FOIA and Privacy Act corrections to clear records.

What’s New in October 2025

October 2025 Stat Box

• 170+ U.S. citizens detained in 2025; 20+ held >24 hours without contact; children among those held. (ProPublica)
• Body-camera requirement for federal immigration agents in the Chicago area, after court scrutiny of force and identification practices. (Reported by AP News)
• President, Congress, and advocacy groups pressing the Department of Homeland Security (DHS) about the department’s “unconstitutional detentions of U.S. citizens” and potential violations of constitutional rights in a formal letter. (See the Congressional letter)
• Increased incidence of wrongful detainers triggered by automated data-matching systems, intensified scrutiny across jurisdictions, despite ICE characterizing recent enforcement actions as highly targeted.

Why Are U.S. Citizens Getting Caught? The Mechanics of a Wrongful ICE Hold

Data Pipelines & Mismatch Mechanics

When a person is booked into jail, local systems automatically send fingerprints and biographical data to the NCIC (National Crime Information Center) and the DHS IDENT/HART system. If HART finds a partial or fuzzy match to a non-citizen file—even an old visa overstay—a detainer alert may issue. Many U.S. citizens detained in these situations have no criminal history, yet are still flagged due to data errors. A 2021 Government Accountability Office report highlighted that ICE’s inconsistent training and faulty record-keeping contribute to wrongful detentions. If a supervisor does not validate citizenship before issuance of a detainer (Form I-247A), a U.S. citizen can be held. In such cases, the individual may be placed in ICE custody and detained until their status is verified, sometimes for days, despite being a U.S. citizen. Additionally, ICE’s administrative warrants do not carry the same legal authority as judicial warrants and can lead to unreasonable searches and seizures, further complicating the situation for affected individuals.

Quick Answer: Most wrongful arrests begin with automated matching that mis-identifies a citizen’s identity as a non-citizen file.

Detainer vs. Warrant (Micro-table)

(Key risk: Many jails treat a detainer as if it were a warrant, which yields wrongful holds.)

A detainer can lead to ICE detention, even for U.S. citizens, until their immigration status is verified.

Common Failure Points

• Biographic collisions (shared names / DOBs)
• Biometric mis-links (partial fingerprints, old DHS files)
• Merged A-numbers (citizen and non-citizen records commingled)
• Outdated removal orders (never terminated after naturalization)
• DMV/SSA sync gaps (migrations/formats mismatch)
• Legal status record errors or mismatches (incorrect or outdated legal status information leading to wrongful detentions; customs enforcement agencies are often involved in these data mismatches, resulting in wrongful detainers)

Chicago 2025: What Happened and Why It Matters

• Federal operations in Chicago’s South Side/South Shore neighborhoods used aggressive tactics—including tear-gas and vehicle chases—triggering a local court order for immigration agents to wear body cameras.
• One incident involved a minor citizen (age 19) detained during a chase that ended at a pharmacy; officers and law enforcement officers used force, including pepper spraying and assault, during the operation, and some individuals were accused of assaulting or assaulting law enforcement officers, which led to crowd unrest and tear-gas. (See AP News coverage)
• Why this matters for citizens: During high-speed raids or street arrests, on-scene ID checks are often imperfect. Citizens lacking immediate documentation—especially those with common names, bilingual backgrounds, or birth abroad—face a higher risk of temporary detention. ICE’s aggressive tactics can erode Fourth Amendment protections against unreasonable searches and seizures, further complicating the legal landscape for affected individuals. ICE’s enforcement actions often involve physical violence against U.S. citizens, including tackling and pepper spraying, raising further concerns about the use of force.

Real-World Case Study: Twice-Detained U.S. Citizen Sues

Leonardo Garcia Venegas, a U.S.-born citizen whose country of citizenship is the United States, alleges he was detained twice by ICE agents in construction-site sweeps despite his citizenship. (ABC News) ICE agents, whose mandate is to arrest people suspected of immigration violations, allegedly assumed undocumented status based on appearance, and his U.S. Real ID was “treated as fake.” During detention, Garcia Venegas was unable to contact his family members. The lawsuit, led by lawyers seeking justice, frames the issue as “unreasonable search and seizure under the Fourth Amendment.” ICE arrests citizens without proper cause violate the Fifth Amendment right to due process, further emphasizing the constitutional implications of such actions.

The lawyers argue that ICE agents must be held accountable for wrongful detention. The case of Jason Brian Gavidia is another example, where a U.S. citizen was detained until his country of citizenship was verified, raising legal arguments about the constitutionality of such actions. Similarly, George Retes, a U.S. citizen and veteran, was detained for three days despite asserting his citizenship during an ICE operation, highlighting the systemic failures in verifying citizenship and raising concerns about justice and civil rights.

Quick Answer: Don’t assume “you’ll be fine” because you’re a citizen—carry/document citizenship and insist on an A-file check.

Action Plan If You’re a Citizen Facing an ICE Detainer or Arrest

Immediate Steps (AEO “Do This Now” Checklist)

1. Say clearly: “I am a U.S. citizen. Please initiate an A-file review.”
2. Ask for a supervisor, detainer number, and ICE duty officer contact.
3. Provide proof: U.S. passport, birth certificate, or naturalization/citizenship certificate.
4. Do not sign immigration forms (especially removal or stipulation) without counsel.
5. Note officials’ names/badge numbers; log times in/out.
6. Contact a trusted attorney/family member for document scanning and submission to ICE duty officer.

• Important: If you do not speak English fluently, be aware that you may be at higher risk of being profiled or detained. Be prepared to assert your citizenship clearly and request language assistance if needed.

The “Citizen Proof Kit” (Top 10 Documents)

• U.S. passport or passport card
• State-certified birth certificate
• Certificate of Naturalization (Form N-550)
• Certificate of Citizenship (Forms N-560/N-561)
• Consular Report of Birth Abroad (CRBA – FS-240)
• Parent(s)’ citizenship proof (for derivative claims)
• Court name-change orders (if applicable)
• SSA/DMV record matching your identity
• Previous passports or certificates (evidence of status history)
• Digital secure backups accessible by family

Rights & Safety

• You have the right to remain silent about immigration status.
• You have the right to request an attorney before signing anything.
• You do not have to allow ICE to search your home without a judicial warrant.
• Ask for your detainer number and A-file ID so you can follow up later.

These rights are protected by your constitutional rights, ensuring due process and equal protection under the law.

Fixing the Record & Preventing Recurrence

Correcting Agency Data

• Submit a FOIA request to DHS/ICE/CBP for your A-file and associated records.
• File a Privacy Act correction request (5 U.S.C. § 552a) identifying the erroneous entries (name, DOB, A-number, immigration status).
• Include your proof of citizenship, detainer number, and any booking documentation.
• Follow up every 30 days until you receive written confirmation that the record has been corrected and the NCIC/HART flag removed.

Clearing Detainers & Jail Communication

• Use this sample script:
  

  “My name is [Full Name]. I am a U.S. citizen. Your records show an ICE detainer referencing A-file [#] and booking [#]. Please fax/email the ICE duty officer and confirm citizenship verification and immediate release.”

• Request a fax/email trail from the jail or sheriff’s office showing ICE responded.
• If detained erroneously, request written confirmation that the detainer is lifted and verify your name has been cleared in the NCIC/HART system.

After-Action Plan

• Store your “citizen proof kit” in a secure, accessible location.
• Notify family/friends of document location, attorney contact, and what to do if you are suddenly detained.
• Monitor DMV/SSA records for consistency (name changes, address updates, citizenship status).
• Use internal links from your legal team’s site to update your own “citizenship proof checklist” regularly.

2025 Dynamics: Automation, Protests & Oversight

• Algorithmic false positives: Investigative reporting suggests that machine-learning tools used in DHS systems are producing elevated numbers of false-match flags.
• Civil society pressure: A formal Congressional letter to DHS describes the “increasingly frequent” detentions of U.S. citizens by ICE/CBP operations.
• Investigative tally: ProPublica’s review reports over 170 U.S. citizens detained so far in 2025—many without access to counsel or family contact.
• Local flashpoints: Chicago operations highlight the risk of collateral citizen detentions in aggressive immigration sweeps—orchestrated for undocumented removal but sweeping in many citizens without immediate proof. Wrongful arrests by Immigration and Customs Enforcement (ICE) during DHS enforcement operations, which often focus on the detention and removal of illegal aliens, contribute to a climate of fear, especially in immigrant communities, further straining trust in law enforcement and public institutions. These DHS enforcement operations are frequently described as ‘targeting ahead,’ meaning they are highly targeted and pre-planned, with officials identifying specific individuals or groups before making arrests. Policy directives from high-level officials, such as the White House Deputy Chief, have influenced ICE’s enforcement strategies, including the use of targeting and profiling. Reports have also documented assaults during enforcement operations, raising concerns about the safety of both officers and those detained. The Supreme Court has weighed in on the legality of certain enforcement practices, shaping the boundaries of racial profiling and immigration policy nationwide. Black immigrants are disproportionately affected by immigration enforcement compared to other immigrant groups, adding another layer of inequity to these operations.

FAQ

Can ICE ever legally arrest a U.S. citizen?
In theory, no—citizens should not be subject to immigration removal. But due to database errors, DHS/ICE mismatches, and operational mis-steps, citizens are still being wrongfully detained. (ProPublica)

Why do ICE detainers get issued for citizens?
Because automated cross-checks between the NCIC and DHS’s HART/IDENT system can flag names/fingerprints linked to non-citizen files. Lack of immediate human review means a detainer can issue before citizenship is verified.

How do I get a detainer lifted quickly?
Provide your U.S. passport, birth certificate, or naturalization certificate; insist the jail speak with the ICE duty officer; request fax/email confirmation; collect the detainer number.

What’s the difference between a detainer and a warrant?
A warrant is issued by a judge based on probable cause for criminal arrest; a detainer (Form I-247A) is an administrative request by ICE to hold someone for immigration purposes. Mis-treating one as the other is a frequent cause of citizen misuse.

Do Chicago 2025 incidents affect me?
Yes. They show how aggressive immigration enforcement—especially in dense urban areas—can lead to collateral detentions of citizens. Use caution in high-intensity operations where agents may rely on rapid biometric/biographic scans without verification.

How long will the record stay if mistakes are made?
Until you obtain written confirmation that DHS/ICE has corrected the entry and the flag is removed from the NCIC/HART database. Follow-through is essential.

What documents belong in my “citizen proof kit”?
U.S. passport, naturalization/citizenship certificate, birth certificate, CRBA (if applicable), name-change orders, DMV/SSA records—all backed up digitally in a secure location.

Key Takeaways

• U.S. citizens are still being wrongfully detained by ICE/CBP due to systemic database errors and collateral sweeps.
• The ProPublica tally shows 170+ citizen detentions in 2025 alone.
• Chicago operations spotlight the risk: citizens without immediate documentation are vulnerable during high-intensity federal actions.
• Carry proof of citizenship and be ready: present it immediately, ask for detainer and duty-officer info, don’t sign anything without counsel.
• File FOIA and Privacy Act requests to clear your record and verify removal of wrongful flags from NCIC/HART.
• Legal tools exist: lawsuits like Leonardo Garcia Venegas’s challenge the misuse of detainers in citizen sweeps.
• Transparency and oversight are growing: Congress has pressed DHS on citizen detentions and mis-uses of force.
• Staying informed and prepared is your best defense—especially in 2025’s high-tech, fast-moving immigration-enforcement environment.

Author Bio / Profile

Richard T. Herman, Esq. is an immigration lawyer with over 30 years of experience and co-author of Immigrant, Inc. He leads the Herman Legal Group, representing families, workers, students, and employers nationwide. Visit the Herman Legal Group website to learn more, review his bio and schedule a consultation.

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