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FACT BRIEF

Is every person arrested by ICE undocumented?

By Isabella Aldrete on 04/25/2025

No.

There are examples of U.S. Immigration and Customs Enforcement (ICE) mistakenly arresting people who are U.S. citizens, or arresting people who had legal status until their visas were unexpectedly revoked, according to a federal database.

In April, Juan Carlos Lopez-Gomez, a U.S. citizen, was mistakenly arrested by ICE. 

While ICE does not publicly report the legal status of people it arrests and an ICE database that tracks alternatives to ICE detention said legal stage data is unavailable, Secretary of State Marco Rubio said that hundreds of students have had their visas revoked in recent weeks, with many detained afterwards. 

ICE has broad authority to arrest noncitizens who are in the country without permission after issuing an administrative warrant signed by an immigration enforcement supervisor, or without a warrant if an officer has “reason to believe” they are in violation of the law and likely to escape. 

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