What to Do If You’ve Been Wrongfully Detained by ICE as an American Citizen

Nov 1

While U.S. Immigration and Customs Enforcement (ICE) is responsible for enforcing immigration laws, mistakes happen, and they can be devastating. In recent years, American citizens have been wrongfully detained by ICE due to data errors, mistaken identity, or outdated immigration records.

If you ever find yourself in this situation, it’s important to know your rights and take quick action to protect yourself legally.

1. Citizenship Errors Happen, But They’re Serious

Even though ICE primarily targets non-citizens, hundreds of U.S. citizens have been wrongfully detained over the years.
These incidents often occur when:

Old or inaccurate government data is used
Two people share similar biographical details or fingerprints
A previous immigration case was closed but not properly updated in federal systems

⚖️ Wrongful detention by ICE can violate your constitutional rights. You may be entitled to release, correction of records, and compensation for unlawful detention.

2. Stay Calm and Assert Your Rights

If ICE agents approach or detain you:

Stay calm and respectful. Do not argue or resist.
Ask clearly if you are being detained or are free to leave.
State that you are a U.S. citizen and provide proof if available (passport, birth certificate, or naturalization certificate).
Do not sign anything without speaking to an attorney.
Do not provide false information.

Tip: Remaining calm helps protect your legal position. Any resistance or aggressive behavior could escalate the situation.

3. Contact an Immigration Attorney Immediately

If you are detained or questioned, request to speak with an attorney right away.
An immigration lawyer can:

Verify your citizenship through official government records
Contact ICE or detention officials to secure your release
File emergency motions (including habeas corpus petitions)
Ensure your rights are protected throughout the process

Tip: Memorize the phone number of a trusted attorney or keep it in your wallet in case your phone is taken.

4. Notify Family or Trusted Contacts

If you’re detained, request your one phone call and contact someone you trust.
They can:

Notify your attorney immediately
Gather documents proving your citizenship
Reach out to advocacy groups or local officials for help

Organizations such as the American Immigration Council and ACLU have resources for individuals wrongfully detained by ICE.

5. Request Detention Records After Release

After your release, request copies of:

Your detention paperwork
The reason for detention provided by ICE officers
Any forms or documents you were asked to sign

These records are important for:

Filing a civil rights complaint
Correcting database errors
Supporting a potential legal claim for damages

You can file a Freedom of Information Act (FOIA) request through:
ICE FOIA Office
DHS Office for Civil Rights and Civil Liberties (CRCL)

6. File a Civil Rights Complaint or Legal Claim

You have the right to file a civil rights complaint if ICE violated your rights or detained you without cause.

File directly with:
U.S. Department of Homeland Security
Office for Civil Rights and Civil Liberties (CRCL)
www.dhs.gov/crcl

If you suffered harm; such as emotional distress, lost income, or reputational damage, your attorney may help you file a civil lawsuit for damages under federal law.

7. Prevent Future Issues

To minimize the risk of mistaken detention:
1. Keep valid citizenship documents accessible.
2. Double-check that all your records (Social Security, DMV, Passport) are accurate.
3. If you’ve had past immigration cases or database errors, ask an attorney to help you update or correct your records with DHS and USCIS.

Being proactive helps prevent future errors from recurring.

8. How The Law Office of Adebimpe Jafojo Can Help

At The Law Office of Adebimpe Jafojo, we help individuals and families navigate immigration challenges with clarity and compassion.

Our legal team can:

Verify and document your citizenship or lawful status
Communicate directly with ICE and DHS on your behalf
File emergency motions for release
Pursue justice for wrongful detention or civil rights violations

If you or a loved one has been wrongfully detained by ICE, we’re here to protect your rights, restore your freedom, and help you seek justice.

Contact us today to schedule a confidential consultation.

Mistaken ICE detentions can be traumatic, but you are not powerless.
Knowing your rights and taking swift legal action can make the difference between prolonged detention and immediate release.

If this happens to you, stay calm, call your attorney, and document everything.

The Law Office of Adebimpe Jafojo proudly serves clients across Georgia and nationwide in immigration and civil rights matters.

Disclaimer

This post is for informational purposes only and does not constitute legal advice.
For legal guidance specific to your case, please contact a licensed immigration attorney.

🔹 ICE FOIA Request Portal
🔹 DHS Civil Rights and Civil Liberties Office (CRCL)
🔹 American Immigration Council
🔹 Law Office of Adebimpe Jafojo – Contact Page

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