ICE Has No Authority to Detain U.S. Citizens

I am writing to remind you of a basic and indisputable point of law: Immigration and Customs Enforcement (ICE) has no legal authority whatsoever to detain, arrest, or hold United States citizens for immigration enforcement purposes. ICE’s jurisdiction is strictly limited to the enforcement of federal immigration laws, which by definition apply only to non-citizens. The detention of U.S. citizens by ICE—whether through negligence, reckless disregard, or willful abuse of power—is unlawful and a direct violation of constitutional rights, including the Fourth and Fifth Amendments. Any detention of a U.S. citizen by ICE constitutes an illegal seizure. It exposes the federal government to civil liability and represents a profound failure of oversight by Congress. When this occurs, it is not a “mistake” to be brushed aside—it is a breakdown of the rule of law. As my elected representative, you have a sworn duty to uphold the Constitution and to provide oversight of federal agencies operating under your authority. That duty includes ensuring ICE complies with the law, implementing meaningful accountability when violations occur, and taking immediate corrective action when Americans’ rights are infringed. Silence or inaction in the face of unconstitutional conduct is not neutrality—it is complicity. I expect you to publicly reaffirm that ICE may not detain U.S. citizens and to take concrete steps to ensure this prohibition is enforced. The Constitution is not optional. Neither is your responsibility to defend it.