Many people assume Immigration and Customs Enforcement (ICE) only deals with noncitizens. But ICE is a federal law enforcement agency with two distinct roles—criminal and civil. Understanding these roles is critical for knowing your rights as a U.S. citizen.
ICE’s Criminal Law Enforcement Authority
ICE agents have the same authority as other federal law enforcement officers like the FBI or U.S. Marshals when it comes to enforcing federal criminal laws. If a U.S. citizen commits a federal crime—such as assaulting a federal agent, obstructing official duties, or lying to investigators—ICE can arrest them.
These cases are referred to the Department of Justice (DOJ) for prosecution in federal criminal court. The criminal process is separate from immigration proceedings and can carry serious penalties, including prison time.
ICE’s Civil Immigration Enforcement Authority
ICE’s primary mission is enforcing U.S. immigration law, which is civil—not criminal. Federal law gives ICE administrative detention powers to detain individuals without lawful immigration status or those in removal proceedings.
ICE can temporarily detain someone if there’s reasonable suspicion the person is in the U.S. unlawfully. However, if there’s any indication the individual is a U.S. citizen, ICE is required to investigate immediately. ICE does not have legal authority to civilly detain U.S. citizens.
What to Do if ICE Detains You
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Criminal Arrest
If ICE arrests you for a federal crime, invoke your Miranda rights—remain silent, request an attorney, and avoid making statements without legal counsel. -
Immigration Detention
If ICE suspects you’re not a U.S. citizen, you have the right to remain silent and request a lawyer. You can provide proof of citizenship through your attorney or directly if you choose. -
Prolonged Detention
If ICE detains you despite proof of citizenship, contact an attorney immediately. Your lawyer can file a writ of habeas corpus and seek a preliminary injunction in federal court to secure your release. -
Possible Legal Action
If ICE delays verification, refuses legitimate proof, uses unnecessary force, or otherwise violates the law, you and your lawyer can consider filing a claim under the Federal Tort Claims Act against DHS for damages.
Final Takeaway
While ICE can arrest U.S. citizens for criminal violations, it cannot legally detain them for immigration purposes. Knowing the distinction—and your rights—can protect you in a stressful and potentially unlawful encounter.
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REBECCA KROLL is an Associate Attorney at Richards and Jurusik who practices exclusively in U.S. immigration law, focusing on both business and family-based immigration. She assists clients with employment-based visas, marriage and family cases, and the U.S. citizenship process. (Full Bio)
