Goldman, Warren, Padilla, Kelly and Correa Demand Investigations into ICE's Detention of U.S. Citizens

 

 

WASHINGTON, D.C. – Congressman Dan Goldman (NY-10) and Senator Elizabeth Warren (D-MA), along with Congressman Lou Correa (CA-46), Senator Alex Padilla (D-CA) and Senator Mark Kelly (D-AZ) today led 50 members of Congress in demanding immediate investigations into alarming reports that U.S. citizens are being wrongfully detained and deported by federal immigration agents under the Trump administration’s aggressive immigration enforcement policies. In a letter sent to the Department of Homeland Security’s (DHS) internal oversight offices, the lawmakers raised urgent concerns about a growing pattern of civil rights violations against U.S. citizens during immigration sweeps. 

  

“ICE policy makes clear that, “[a]s a matter of law, ICE cannot assert its civil immigration enforcement authority to arrest and/or detain a U.S. citizen. However, in recent high-profile cases, ICE has erroneously arrested U.S. citizens, at times appearing to use violent physical force. ICE has also reportedly detained citizens in immigration detention facilities, sometimes for over a week. ICE has even deported U.S. citizens: in multiple cases, ICE has deported U.S. citizen children along with their undocumented parents, reportedly against the families’ wishes,” the Members wrote. 

 

Recent reporting has exposed dozens of cases where U.S. citizens, including children, cancer patients, and members of Native American and Latino communities, were unlawfully swept up in ICE raids and held for days or weeks without legal recourse. Some were physically assaulted or deported alongside undocumented family members, often without consent. 

 

Despite ICE policy explicitly prohibiting the detention of U.S. citizens, agents have reportedly ignored individuals’ citizenship claims and failed to verify documentation. In some cases, field agents made no effort to confirm a person’s status even after it was asserted. 

   

“When immigration agents arrest Americans without sufficient cause or simply because they are near an enforcement action, detain them without access to counsel, or ignore proof of citizenship, DHS fails in its core duty to protect the public and undermines trust in its operations. Agency officials must be held accountable, and we ask that your offices — the Office for Civil Rights and Civil Liberties (CRCL), Office of Inspector General (DHS OIG), and Office of the Immigration Detention Ombudsman (OIDO) — investigate these encounters and determine whether DHS is violating Americans’ civil rights,” the Members wrote. 

 

 

Dear Inspector General Cuffari, Acting Officer Hemenway, and Director Guy: 

 

We are increasingly concerned by reporting that U.S. citizens are being detained as a result of the Trump administration’s immigration enforcement actions. Sweeping enforcement operations by Department of Homeland Security (DHS) agents — particularly within Immigration and Customs Enforcement (ICE) — threaten the safety, due process, and civil liberties of Americans around the country. We echo other members of Congress who have expressed alarm about the apparent rise in indiscriminate immigration enforcement actions involving U.S. citizens. We write to request that your offices, as DHS’s internal oversight agencies, investigate the Department’s handling of these citizen encounters. 

 

ICE policy makes clear that, “[a]s a matter of law, ICE cannot assert its civil immigration enforcement authority to arrest and/or detain a U.S. citizen.” However, in recent high-profile cases, ICE has erroneously arrested U.S. citizens, at times appearing to use violent physical force. ICE has also reportedly detained citizens in immigration detention facilities, sometimes for over a week. ICE has even deported U.S. citizens: in multiple cases, ICE has deported U.S. citizen children along with their undocumented parents, reportedly against the families’ wishes. Particularly in Latino and Native American communities, Americans increasingly fear that their citizenship will not protect them from being swept up in DHS’s immigration enforcement activities. 

 

ICE’s policy further directs agents to “carefully and expeditiously investigate” citizenship claims and to “handle these matters with the utmost care and highest priority.” However, in multiple cases, ICE agents have reportedly not attempted to verify citizenship or ignored citizens’ offers to show proof of citizenship. 

 

DHS’s actions can carry serious consequences for U.S. citizens. For example, American children detained and deported by DHS have missed months of school or lost access to urgent cancer treatments and medications. 

 

Enforcement actions against U.S. citizens are not new. For decades, ICE has arrested, detained, and even deported U.S. citizens, a practice that the agency has acknowledged. But under the second Trump administration, this rare practice is becoming more frequent. Experts warn that “citizens are becoming increasingly vulnerable in a system moving faster and operating with fewer safeguards.” The full scope of the problem remains unclear, largely due to ICE’s poor record-keeping practices. As of February 2025, ICE has reminded field offices to update citizenship data in agency databases, but it is unclear whether agents are complying with that directive. 

 

When immigration agents arrest Americans without sufficient cause or simply because they are near an enforcement action, detain them without access to counsel, or ignore proof of citizenship, DHS fails in its core duty to protect the public and undermines trust in its operations. Agency officials must be held accountable, and we ask that your offices — the Office for Civil Rights and Civil Liberties (CRCL), Office of Inspector General (DHS OIG), and Office of the Immigration Detention Ombudsman (OIDO) — investigate these encounters and determine whether DHS is violating Americans’ civil rights. Please address the following questions in your investigation and provide a briefing to our offices about this issue by September 5, 2025: 

 

 

Thank you for your attention to this important matter.