Papers Please

Wrongful Detention of U.S. Citizens by ICE: Court Cases and REAL ID Controversy

Overview of Wrongful Detentions of U.S. Citizens by ICE

In 2025, under the second Trump administration's aggressive immigration enforcement policies, including expanded workplace raids and operations, reports emerged of over 170 U.S. citizens being detained by Immigration and Customs Enforcement (ICE) or Homeland Security Investigations (HSI) agents.

These incidents often occurred during raids targeting undocumented immigrants, where citizens were swept up due to perceived appearance, accent, or proximity. Detentions ranged from hours to days, involving handcuffing, biometric screening (such as fingerprints), and transport to facilities, even after presenting identification.

ProPublica documented many cases, highlighting alleged patterns of racial profiling and potential Fourth Amendment violations.

Critics, including the ACLU and the American Immigration Council, argue these actions erode constitutional protections, noting that U.S. citizens are not legally required to carry or prove citizenship on demand in everyday settings. The government maintains that operations are targeted and that brief detentions for verification purposes are lawful.

Key Recent Court Filing (December 2025)

A mid-December 2025 federal court filing by HSI/ICE in an ongoing class-action lawsuit challenging workplace raids drew significant controversy. The government argued that a REAL ID–compliant driver's license is not conclusive proof of U.S. citizenship.

According to the filing, agents may continue detaining individuals—including U.S. citizens—in handcuffs while conducting biometric checks through federal databases.

  • This position was highlighted in reports from Common Dreams and ProPublica.
  • Civil rights advocates described the argument as a “chilling assertion” enabling a de facto “papers, please” enforcement regime.
  • The dispute stems from litigation involving raids where citizens, including an Alabama construction worker, were detained despite presenting multiple REAL ID–compliant licenses.

Major Ongoing Litigation Involving Unlawful Detentions of U.S. Citizens

Several lawsuits challenge these practices, alleging violations of the Fourth Amendment (unreasonable seizures), Fifth Amendment (due process), and protections against racial profiling. Many seek class certification and injunctive relief to halt specific enforcement tactics.

1. Garcia Venegas v. DHS/ICE (Institute for Justice, filed September/October 2025)

  • Plaintiff: Leonardo (Leo) Garcia Venegas, U.S.-born citizen and construction worker in Alabama
  • Details: Detained twice in 2025 during workplace raids despite presenting an Alabama STAR ID (REAL ID compliant). Agents allegedly dismissed the ID as potentially fake, handcuffed him, and held him for hours pending biometric and Social Security verification.
  • Claims: Unreasonable seizure, racial profiling of Latino workers, warrantless entry into private workplaces
  • Status: Proposed class action; ongoing in federal court. Judge reassigned to a Trump appointee in October 2025.
  • Broader Impact: Challenges the scope of worksite enforcement and seeks damages and policy changes.

2. MALDEF Claim (Pre-Lawsuit, July 2025)

  • Plaintiff: Job Garcia, U.S. citizen in Los Angeles
  • Details: Allegedly assaulted and detained while filming an ICE raid near a Home Depot, despite confirmed citizenship.
  • Claims: First, Fourth, and Fifth Amendment violations
  • Status: Administrative claim filed seeking $1 million in damages under the Federal Tort Claims Act (FTCA); civil ri

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