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Tipsheet

ICE Agents Could Face Penalties for Detaining US Citizens Under This Bill

ICE Agents Could Face Penalties for Detaining US Citizens Under This Bill
AP Photo/Andrew Harnik

Rep. Pramila Jayapal (D-WA) has introduced legislation that would prohibit Immigration and Customs Enforcement (ICE) from detaining or deporting American citizens.

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The proposed legislation comes as ICE is apprehending and deporting illegal immigrants as part of the Trump administration’s mass deportation efforts.

“ICE has absolutely zero business detaining or deporting U.S. citizens — yet time and time again, they continue to do exactly that,” Jayapal wrote in a post on X. “I just introduced a bill to stop them.”

In a Wednesday press release, Jayapal claimed that ICE “is acting like a rogue force, kidnapping and disappearing people off the streets with no due process.”

When ICE is conducting immigration enforcement, arresting and detaining U.S. citizens is illegal — and deporting U.S. citizens is illegal, full stop. But since Trump took over, ICE has been consistently breaking these laws and going after U.S. citizens, including young children. Congress must act to make it abundantly clear, with absolutely no grey area, that ICE cannot do this and ensure that agents who do act outside of their authority are held accountable.

Over 30 Democratic lawmakers have co-sponsored the bill, including Reps. Jasmine Crockett (D-TX), Jamie Raskin (D-MD), Rashida Tlaib (D-MI), and several others.

The bill, titled the “Stop ICE from Kidnapping US Citizens Act,” would impose penalties for agents who detain citizens, according to an Axios report.

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Department of Homeland Security (DHS) spokesperson Tricia McLaughlin told the news outlet that allegations of ICE arresting citizens are false. She claimed, “the media is shamefully peddling a false narrative.”

"DHS enforcement operations are highly targeted and are not resulting in the arrest of U.S. citizens," she added. "We do our due diligence."

There have been several reports of US citizens claiming they were unlawfully detained by ICE agents. Elzon Lemus, a citizen and electrician in New York, told CNN that ICE agents handcuffed and searched him for 25 minutes. The agents allegedly told him, “You look like someone we’re looking for.”

He initially refused to show them his identification. In response, the officer said, “If we don’t get your ID, then we’re going to have to figure out another way to ID you and that may not work out well for you,” according to Lemus.

DHS denied that the agents detained him. They explained that the stop was part of a targeted enforcement operation. However, detractors claim the agency is racially profiling individuals while violating their constitutional rights. “Because of the color of their skin, the accent in their voice or their ethnicity, people are being demanded to show their papers for no good reason,” Lemus’ attorney argued.

The report details several similar incidents in other states, like California. “I am American. I stated I was American,” said another individual. “He still attacked me. We are not safe, guys, not safe in America today.”

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It is not clear how often ICE agents detain US citizens, as the agency does not keep track of these incidents.

It is already illegal for ICE agents to arrest, detain, or deport US citizens under immigration law. The agency only has the authority to take these actions against those who are not citizens.

However, Jayapal’s bill is ostensibly aimed at filling in gaps in enforcement and accountability. ICE’s internal guidance notes that it “cannot assert its civil immigration enforcement authority to arrest and/or detain a US citizen.” However, critics claim agents are not following this rule. The measure would require agents to verify citizenship before detaining someone. Those who fail to do so would face consequences.

Currently, there are no laws imposing penalties on agents who wrongly detain citizens. Jayapal’s bill would change that. Under this measure, agents could face disciplinary action, civil suits, and financial penalties if they fail to follow the rule.

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