ICE has detained me, what can I do now

narcolepticnerd October 3, 2025 0 comments

If You Have No ID or Documents

If you do not have any ID, are waiting for a new Social Security card, and do not have your birth certificate on hand, you may face additional scrutiny if approached by ICE. In this situation:

Remain calm and polite.
Clearly state that you are a U.S. citizen (if true) and explain that you are in the process of obtaining replacement documents.
Provide any available proof of your identity or status, such as a copy of a pending application, a receipt for a replacement document, or contact information for someone who can verify your status.
You have the right to remain silent and do not have to answer questions about your immigration status or provide documents unless required by law.
If you are detained, request to speak to a lawyer immediately.

Note: Not having documents does not mean you lose your rights. ICE should not detain a U.S. citizen solely due to lack of documents, but the process to verify your status may take longer.

U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the Department of Homeland Security (DHS). Created in 2003, ICE is the largest investigative agency within DHS and is responsible for enforcing federal laws related to border control, customs, trade, and immigration.

Key Facts

ICE was formed by merging elements of the former U.S. Customs Service and Immigration and Naturalization Service.
ICE employs over 20,000 law enforcement and support personnel in more than 400 offices in the U.S. and abroad.
The agency’s mission is to promote homeland security and public safety through criminal and civil enforcement of federal laws.
ICE has three main operational directorates:
- Homeland Security Investigations (HSI): Investigates transnational criminal networks.
- Enforcement and Removal Operations (ERO): Enforces U.S. immigration law and manages detention and deportation.
- Office of the Principal Legal Advisor (OPLA): Represents DHS in immigration removal proceedings.
ICE is a law enforcement component of DHS, with authority to conduct investigations, make arrests, and enforce immigration and customs laws.

Recent Recruitment Controversy

In 2025, ICE launched a major recruitment drive, offering large bonuses and up to $60,000 in student loan forgiveness to new hires. This initiative is part of a $76 billion funding increase, making ICE the best-funded federal law enforcement agency. The campaign aims to attract a wide range of applicants, but some former officials and news sources have raised concerns that the rapid hiring push could result in less stringent background checks and the hiring of unqualified or problematic individuals. The move has sparked debate about public safety, oversight, and the ethics of using financial incentives to fill law enforcement roles.

Corruption, Misconduct, and Community Response

ICE has faced numerous allegations and cases of corruption, misconduct, and abuse. These include:

Secret data abuse and improper sharing of confidential information with outside parties, including banks.
Over 100 serious misconduct cases involving ICE agents have been substantiated or referred for further action in recent years.
Reports of detainees being denied urgently needed healthcare, being held in solitary confinement against international recommendations, and children being detained in large numbers.
Widespread criticism and protests over ICE’s handling of detainees and enforcement actions, with concerns raised by human rights organizations and the UN Special Rapporteur on Torture.

ICEblock App

In response to ICE’s controversial practices, the ICEblock app was developed to help individuals and communities track ICE activity and avoid potential abuses or raids. The app provides real-time alerts and resources for those at risk of ICE enforcement actions.

ICE Detention and U.S. Citizens

If ICE agents approach you and you state that you are a U.S. citizen, they are generally not allowed to detain you solely for immigration enforcement purposes. However, if ICE has reasonable suspicion or probable cause to believe you are not a citizen (for example, if you cannot provide proof and there is conflicting information), they may briefly detain you to verify your status. If you can provide valid proof of citizenship (such as a U.S. passport or birth certificate), ICE should release you. Detaining a known U.S. citizen for immigration reasons is unlawful and can result in legal consequences for ICE. If you are a citizen and are detained, you have the right to remain silent and request a lawyer.

Sources

Recommended Documentation if Approached by ICE

If you are approached by ICE, having the following documentation ready can help clarify your status and protect your rights:

For U.S. Citizens

U.S. passport (preferred)
U.S. birth certificate (with government-issued photo ID)
Certificate of naturalization or citizenship
State-issued driver’s license or ID (REAL ID compliant, if possible)

For Lawful Permanent Residents (Green Card Holders)

Permanent Resident Card (Green Card)
State-issued driver’s license or ID

For Other Non-Citizens

Valid visa, work permit, or other immigration documents
Employment Authorization Document (EAD), if applicable
Any pending immigration paperwork or receipts

Note: You have the right to remain silent and do not have to answer questions about your immigration status or provide documents unless required by law. If you are not under arrest, you may ask if you are free to leave.

Example

If you carry your Illinois state ID, your birth certificate, and your Social Security card at all times, you have strong proof of your identity and U.S. citizenship. If approached by ICE, these documents should be sufficient to establish your status and you should not be detained for immigration reasons. Always keep your documents secure and, if questioned, calmly state you are a U.S. citizen and present your ID and birth certificate if needed. If you are still detained, you have the right to remain silent and request a lawyer.

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