ICE, Authority, and the American Citizen: What They Can—and Can’t—Do to You

A plainspoken guide from a 21-year federal officer on how immigration enforcement really works—and where the lines are drawn.

“Some of You Know Me. But Here’s What You Might Not Know…”

I’m not a lawyer. However, I was a federal officer in U.S. Citizenship and Immigration Services (formerly known as the Immigration and Naturalization Service, or INS) for 21 years. That means I’ve spent more than two decades working at the messy, maddening intersection of law, borders, bureaucracy, and human lives. I’m telling you this not to wave a badge, but to offer some clarity, especially now, when clarity is rare and misinformation has become a national pastime.

Let’s talk about ICE—U.S. Immigration and Customs Enforcement.

There’s been a lot of fear and confusion about what ICE can and can’t do, especially when it comes to American citizens. So let’s make this simple.

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Can ICE arrest American citizens?

Not for immigration stuff.
ICE was built to enforce immigration law, which means it focuses on non-citizens—people here without legal status or who’ve violated visa conditions. That’s its core function.

But.

Like any federal law enforcement agency, ICE agents also have criminal enforcement powers. That means if a citizen breaks a federal criminal law—say, helping smuggle undocumented people across the border, committing visa fraud, or laundering money through immigration scams—ICE can arrest you.

But that’s for breaking a criminal law, not for being “illegal.” Because you can’t be “illegal” if you’re a U.S. citizen.

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So why do citizens ever get caught up with ICE?

Great question. There are a few reasons:

• Mistaken identity.
  ICE isn’t perfect. Sometimes they stop someone they think is undocumented, only to find out that the person is a citizen. If this happens, the most important thing you can do is say clearly:
  “I am a U.S. citizen.”
  And have something to back it up if possible: a passport, birth certificate, driver’s license, or even a voter registration card.

• Caught in the broader operation.
  If ICE is targeting someone else—say, your roommate, your coworker, or someone you’re giving a ride to—you might get questioned just for being there. But unless there’s a valid reason to suspect you’re not a citizen or you’ve committed a federal crime, they can’t detain you.

• Warrants.
  ICE can arrest you with a judicial warrant—meaning one signed by a judge—for a criminal charge. But a civil immigration warrant (the kind ICE writes themselves) doesn’t apply to citizens. It’s for immigration violators only.

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What laws give ICE its powers?

Mostly two:

• 8 U.S.C. § 1357 (That’s Section 287 of the Immigration and Nationality Act): This gives ICE the authority to question and arrest non-citizens about their legal right to be in the U.S.

• 8 U.S.C. § 1226 (Section 236 of the same Act): This is what gives ICE the power to detain people while they figure out whether they can be deported.

Both of these are about non-citizens. They’re not designed to apply to citizens. That distinction matters.

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So, what should a citizen do if ICE shows up?

Stay calm. Know your rights:

• You don’t have to answer questions about your immigration status or where you were born.

• You have the right to remain silent.

• You have the right to an attorney.

• You should clearly say, “I am a U.S. citizen.” And ask: “Am I being detained, or am I free to go?”

Even ICE has boundaries. And when they step outside of them, they can be held accountable.

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So why does this matter now?

Because we live in a country where power is being consolidated by people who want to make fear feel normal. Where abuses are rebranded as “strong leadership.” Where enforcement becomes a display of dominance, rather than justice.

Knowing the limits of that power is not just good sense—it’s self-defense.

And if you ever find yourself face-to-face with ICE, let this echo in your mind:

They were never meant to police you.
They were never meant to rule you.
And they sure as hell were never meant to scare you silent.

Stay informed. Stay ready. Stay free.

Further Reading: