As of 2026, U.S. Immigration and Customs Enforcement (ICE) does not have the legal authority to arrest U.S. citizens for immigration violations, such as deportation. However, ICE agents are federal law enforcement officers and can arrest U.S. citizens under specific, limited circumstances:
- Federal Crimes: ICE agents can arrest anyone, including U.S. citizens, for federal criminal offenses such as drug smuggling, human trafficking, or assaulting a federal officer.
- Interference: Citizens can be arrested or detained if they physically interfere with an ongoing ICE arrest or investigation.
- Mistaken Identity: While ICE lacks the authority to detain citizens based on status, agents can briefly stop and question individuals if they have a reasonable suspicion that the person is in the country illegally. If citizenship cannot be immediately proven, a citizen may be mistakenly detained until their status is verified.
Important Distinctions
- Immigration Custody: Even if arrested on criminal charges, U.S. citizens cannot be held in immigration detention; they must be transferred to the U.S. Marshals Service or local law enforcement for prosecution.
- Constitutional Rights: U.S. citizens (and non-citizens) maintain Fourth and Fifth Amendment protections against unreasonable searches and seizures when interacting with ICE.
- Proof of Citizenship: Authorities recommend that citizens carry a form of ID or be prepared to state their citizenship to avoid prolonged detention during "roving patrol" stops or at established checkpoints.
