Bill would prevent ICE from detaining or deporting U.S. citizens
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A demonstrator wears an American flag as National Guard soldiers block protestors during an ICE immigration raid at a nearby cannabis farm on July 10 near Camarillo, Calif. Photo: Mario Tama/ Getty Images
A new proposal in Congress would stop federal immigration agents from detaining and possibly deporting U.S. citizens.
Why it matters: U.S. citizens aren't supposed to be arrested or detained unless agents allege they're breaking laws. But reports of citizens of Latino descent being detained — or stopped and asked to prove citizenship — are rippling through Latino communities nationwide.
- Critics say reports of ICE detaining citizens are instances of racial profiling and overzealous policing — something the U.S. Department of Homeland Security angrily denies.
Zoom in: U.S. Rep. Pramila Jayapal (D-Wash.) introduced legislation Wednesday to formally block Immigration and Customs Enforcement from detaining or deporting U.S. citizens.
- Dubbed the "Stop ICE from Kidnapping US Citizens Act," the bill would set penalties for ICE agents who unlawfully hold U.S. citizens and place them in immigration proceedings.
- The proposal is co-sponsored by several Democrats and will likely face a long-shot bid in the GOP-controlled House.
Zoom out: The allegations of U.S. citizens being detained come as ICE continues raids in predominantly Latino communities in the Los Angeles, Chicago, Denver, Philadelphia, Phoenix and San Diego areas; cities in Texas, New Mexico, New York and Florida; and agricultural centers, such as central California.
- In May, ICE briefly detained Florida-born Leonardo Garcia Venegas from his job at a construction site in Foley, Alabama. Agents alleged that Garcia's Real ID was fake, according to Noticias Telemundo. He alleged agents forced him to his knees and handcuffed him.
- Immigration officials held U.S. citizen and Albuquerque resident Jose Hermosillo for 10 days in Arizona's Florence Correctional Center after arresting him, and didn't believe him when he said he was a citizen, per Arizona Public Media.
- Two U.S. citizen children in April were deported to Honduras after ICE detained their mother during a routine check-in.
What they're saying: "ICE is acting like a rogue force, kidnapping and disappearing people off the streets with no due process," Jayapal said in a statement.
- "When ICE is conducting immigration enforcement, arresting and detaining U.S. citizens is illegal — and deporting U.S. citizens is illegal, full stop."
Tricia McLaughlin, a Department of Homeland Security spokesperson, told Axios that recent reports of citizens wrongly being arrested are false — and that "the media is shamefully peddling a false narrative" to demonize ICE agents.
- "DHS enforcement operations are highly targeted and are not resulting in the arrest of U.S. citizens," McLaughlin said. "We do our due diligence."
Yes, but: An Axios review of news reports, social media videos and claims by advocacy groups about raids since President Trump took office found several instances in which U.S. citizens alleged they were wrongfully detained.
- ICE hasn't released statistics on such detentions in months.
Flashback: In May, House Republicans killed a measure in Trump's big budget bill that would have stopped ICE from being able to deport or detain U.S. citizens.
- The amendment, sponsored by Jayapal, would have prevented any funds earmarked for ICE from being used to detain or deport citizens.
- "The fact that Democrats ... feel the need to even introduce an amendment that says ICE cannot deport U.S. citizens is bats**t crazy," Rep. Ted Lieu (D-Calif.) said on the House floor.
Go deeper: ICE accused of racial profiling in detentions of Latino U.S. citizens
