Immigration and Customs Enforcement operates under federal authority to enforce immigration law. However a series of documented cases involving United States citizens has raised serious constitutional concerns about how that authority is exercised particularly under the Fourth and Fifth Amendments.
Below are seven cases in which American citizens were detained arrested or subjected to enforcement actions typically reserved for non citizens.
Chongly Scott Thao Warrantless Home Entry
In Saint Paul Minnesota Chongly Scott Thao a United States citizen reported that federal immigration agents forced entry into his home without presenting a judicial warrant. He was detained at gunpoint and escorted outside while minimally clothed.
Legal advocates argued this action raised Fourth Amendment concerns which protect against unreasonable searches and seizures and generally require a judge issued warrant to enter a private home.
The central constitutional issue was whether ICE can rely on administrative warrants rather than judicial warrants for home entry.
Peter Sean Brown Citizen Held for Deportation
Peter Sean Brown a natural born United States citizen in Florida was detained under immigration authority after a local sheriffs office cooperated with ICE. Despite being a citizen he was held as if subject to deportation.
A federal court later ruled that his detention violated his Fourth Amendment rights emphasizing that probable cause and proper verification of citizenship status are required before depriving someone of liberty.
George Retes Veteran Held Without Charges
George Retes a United States citizen and Iraq War veteran was detained during a federal farm raid in California. He reported being held for several days without charges without meaningful access to legal counsel and without immediate ability to contact family.
The constitutional questions raised in his case involved Fourth Amendment protections governing lawful detention standards and Fifth Amendment due process rights which guarantee fairness before the government deprives someone of liberty.
Julio Noriega Detained Despite Identification
In Chicago Julio Noriega a United States citizen was handcuffed and detained by ICE officers despite reportedly providing identification verifying his citizenship. He was held for several hours before being released.
This case raised questions about whether probable cause existed for detention and whether adequate verification steps were taken before restricting his freedom.
Adrian Martinez Citizen Held for Days
Adrian Martinez a United States citizen in California reported being detained by ICE after intervening in a situation involving an elderly man. Despite showing identification he was held for approximately three days before release.
He later stated that charges were dropped. His case drew attention to potential violations of Fourth Amendment protections against unreasonable seizure and due process guarantees if citizenship verification is delayed.
Abel Orozco Ortega Mistaken Identity Arrest
Abel Orozco Ortega a United States citizen in Chicago was arrested when ICE agents allegedly confused him with his similarly named son.
Mistaken identity cases like this raise a core constitutional issue of whether enforcement officers exercised sufficient diligence before detaining someone and whether probable cause existed specific to that individual.
Broader Pattern Citizens Detained During Sweeps
Investigative reporting has documented dozens of cases where United States citizens were temporarily detained during immigration enforcement sweeps while agents attempted to verify status.
While some were released quickly others were held for hours or days.
The constitutional concerns in these broader cases include suspicionless stops detention without individualized probable cause delays in verifying citizenship and access to legal counsel during detention.
The Constitutional Framework
The cases above center on three primary constitutional protections.
The Fourth Amendment protects against unreasonable searches and seizures and typically requires judicial warrants for home entry.
The Fifth Amendment Due Process Clause guarantees that no person citizen or not can be deprived of liberty without fair legal procedures.
Equal protection principles raise concerns when enforcement appears based on race ethnicity or mistaken identity without individualized evidence.
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