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Rep. Jayapal calls for law against ICE arresting US citizens

Such a law, if passed, could result in action against officials who arrest or detain US citizens over concerns about their immigration status.

U.S. Representative Pramila Jayapal is a Ranking Member of the Subcommittee on Immigration, Integrity, Security, and Enforcement. / X/@Pramila Jayapal

U.S. Representative Pramila Jayapal, a Ranking Member of the Subcommittee on Immigration, Integrity, Security, and Enforcement, has introduced legislation to stop Immigration and Customs Enforcement (ICE) from detaining or deporting U.S. citizens.

In a statement on July 16, Jayapal described ICE as "a rogue force" and accused the agency of “kidnapping and disappearing people off the streets" without due process.

She added, “When ICE is conducting immigration enforcement, arresting and detaining U.S. citizens is illegal — and deporting U.S. citizens is illegal, full stop. But since Trump took over, ICE has been consistently breaking these laws and going after U.S. citizens, including young children."

Demanding urgent action from the Congress, she said, "Congress must act to make it abundantly clear, with absolutely no grey area, that ICE cannot do this and ensure that agents who do act outside of their authority are held accountable.”



In a statement issued by her office, numerous examples of such violations were cited.

A 19-year-old citizen was held by the Department of Homeland Security (DHS) for 10 days after he suffered a seizure and was taken to the hospital without his ID. He approached a Border Patrol agent asking for help, and instead was held for over a week under the false claim that he was a Mexican national.

Jose Hermosillo's case was dismissed by a federal judge nine days after his arrest.

In a separate incident, U.S. citizen children were deported to Honduras after their non-citizen mother was taken by ICE when she showed up for a regular check-in.

The Department of Homeland Security (DHS) and ICE maintain that the mother chose to take their children with them, citing a handwritten note and stating it is common for parents to opt to keep families together. However, attorneys and advocacy groups, including the ACLU and National Immigration Project, argue that the mother was not given a fair opportunity to arrange for her U.S. citizen children to stay with caregivers in the U.S., and the rapid deportations (within 1–3 days) violated due process.

The most recent incident where a citizen faced the brunt of the law includes a 25-year-old disabled veteran, who is a US citizen. George Retes was detained and held for three days without access to legal representation or any charges against him.

Retes told reporters he was manhandled by federal agents who broke his car window, damaged his vehicle and sprayed him with tear gas during the raid on July 10.

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"I told them everything - that I was a citizen, I worked there, and they didn't care. They still never told me my charges, and they sent me away. They sent me to a place in downtown L.A. without even telling me what I was arrested for," Retes told reporters in a video press conference organized by the United Farm Workers labor union.

The written guidelines issued to ICE agents explicitly state that, “As a matter of law, ICE cannot assert its civil immigration enforcement authority to arrest and/or detain a U.S. citizen.” U.S. citizens also cannot be deported under U.S. law.

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