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Detention and deportation of American citizens in the second Trump administration

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For a general discussion of deportation of American citizens, see Deportation of Americans from the United States.
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Under the second Trump administration, officials working for the U.S. Immigration and Customs Enforcement (ICE) increased their efforts to detain and deport undocumented immigrants. These operations led to the wrongful apprehension, detention, and deportation of U.S. citizens.[1] The Trump administration's treatment of U.S. citizens raised concerns among civil rights advocates. Opponents of the Trump administration maintain that these legal violations were caused by increased pressure to deport people in a rapid manner without procedural safeguards.[2]

Several notable deportation cases involved children who hold U.S. citizenship and their non-citizen parents, including one child undergoing cancer treatment. Noteworthy detention cases include those of José Hermosillo, Juan Carlos López-Gómez, Julio Noriega, Jensy Machado, a military veteran, a United States Marshal, and the detention and questioning of Indigenous people in the American Southwest—all of whom were U.S. citizens wrongfully held by immigration authorities.[1][2] In response, Congressional Democrats asked the Trump administration to provide information justifying the detention of U.S. citizens.

Background

[edit]

Under the law of the United States,[a] a U.S. citizen cannot legally be deported and has the legal right to return to the United States at any time.[3][4] Prior to the second Trump administration, some academic studies attempted to count the number of unlawful detention and deportations of American citizens that had previously occurred; one study estimated that from 2003 to 2011 more than 20,000 Americans were incorrectly detained or deported by immigration officials.[5][6]

Beginning with his second presidential administration, Trump pushed for mass deportations along with reducing safeguards to stop inappropriate detentions and deportations. This process resulted in American citizens becoming entangled in enforcement efforts.[2] New York magazine described the problem as, "[i]t's not a matter of if U.S. citizens are getting caught up in President Donald Trump's immigration crackdown and mass-deportation efforts but, rather, how and how many."[1]

Proposed transfer of U.S. citizens to foreign prisons

[edit]

Despite longstanding legal prohibitions against deporting American citizens, President Donald Trump explored the possibility of transferring citizens convicted of crimes to foreign prisons during his second presidential term.[7][8] Trump publicly stated numerous times that his administration was examining whether such actions could be legally pursued.[8][9][10]

On February 4, 2025, Salvadoran president Nayib Bukele stated that he would be willing to house people of any nationality detained by the United States, including American citizens, in the maximum security Terrorism Confinement Center (CECOT) in El Salvador in exchange for a fee paid by the U.S. government. He confirmed the statement on X, saying he offered the U.S. "the opportunity to outsource part of its prison system".[11] Although the U.S. government cannot legally deport American citizens,[7] Secretary of State Marco Rubio said that the administration would study whether the U.S. constitution and laws would enable the administration to do so.[12] Rubio called the offer "very generous", noting that it was the first time another country had made such an offer, and that it would cost a fraction of imprisoning criminals in the U.S. prison system. Trump said he was looking into whether he could move forward with the offer, telling reporters "if we had a legal right to do it, I would do it in a heartbeat", but he was not sure whether that legal right existed, and the administration was assessing it.[7][8][10] Trump said the cost of incarcerating American prisoners in other countries would be much less than that of imprisoning people in the U.S., and in addition "it would be a great deterrent."[10] He said that several countries had already agreed to host American prisoners.[10] Elon Musk called the proposal a "Great idea!!" on X.[11] Rubio specified that this would apply to dangerous criminals.[10] However, Politico noted that Bukele said on X that El Salvador would gladly take U.S. ex-senator Bob Menendez, who was serving an 11-year prison sentence for bribery but who was not a violent criminal.[10]

On March 21, 2025, Trump suggested on Truth Social that the "sick terrorist thugs" responsible for the recent vandalism of Tesla property could be sent to Salvadoran prisons, "which have become so recently famous for such lovely conditions".[13]

On April 6, 2025, ahead of Bukele's White House visit, Trump confirmed that they would discuss sending Americans to El Salvador's prisons,[14] giving his stance as "If they can house these horrible criminals for a lot less money than it costs us, I'm all for it."[15]

Later when Trump met with Bukele at the White House on April 14, 2025, they continued to discuss the topic of sending Americans to CECOT and Trump continued to explore whether such an action was legal.[8][9][15] During the White House visit, the two discussed the case of Kilmar Abrego Garcia, a Salvadoran man illegally deported to El Salvador, and Trump told Bukele: "Home-growns are next. The home-growns. You gotta build about five more places. It's not big enough."[16][17]

Insha Rahman, vice president of advocacy in the Vera Institute of Justice, stated that there's no precedent to send U.S. citizens outside the country to serve sentences in other countries: "It is so beyond the pale of anything contemplated by the Constitution or due process or the criminal courts." Lauren-Brooke Eisen, the senior director of the justice program at the Brennan Center for Justice, told Politico in a statement that the Eighth Amendment to the U.S. Constitution prohibits cruel and unusual punishments such as excessive sentences or inhumane prison conditions, and that deporting Americans would be illegal under the First Step Act, which requires that the federal government send those convicted of federal crimes to "a facility as close as practicable to the prisoner's primary residence, and to the extent practicable, in a facility within 500 driving miles of that residence".[9]

The BBC noted that while U.S. citizens enjoy legal protection from deportation, it is possible for naturalized citizens to be denaturalized. This can happen when the citizenship was fraudulently obtained, and thus, citizens suspected of ties to criminal gangs or terrorist organizations, such as Tren de Aragua or MS-13, could, in theory, be stripped of citizenship and then deported after due process. Citizens born in the U.S. cannot be denaturalized.[18]

Deportations

[edit]

Unidentified 4 and 7-year-old siblings

[edit]

Two American citizens, a 7-year-old girl and her 4-year-old brother, who has stage 4 cancer, were exiled from the U.S. to Honduras with their mother, who is a Honduran national on April 25, 2025.[19][20][21] The mother had crossed into the United States at the age of 13 and claimed asylum at the border. She was ordered to be deported because she missed an appointment with immigration officials. According to her attorney, she never received notice of the appointment.[22]

The day before, the children had traveled with their mother and the family's lawyer to a routine check in with ICE in Saint Rose, Louisiana.[23][24] According to an attorney for the family, the children's mother was told the check in was to photocopy the children's passports, and the children wore their school uniforms, expecting to return to school once the appointment was over.[25] The three of them were detained before they could speak with their lawyer.[24] The children's mother was not permitted to speak with an attorney or family members prior to their deportation, despite trying to do so.[26][27]

The attorney said she was informed by ICE that her clients had been detained, but was not permitted to see the two children or their mother, as ICE "sequestered her from me."[25] Attorneys for both the mother and the children insisted that the children were deported illegally. The attorneys provided evidence demonstrating that their mother, other family members, and attorneys "had little to no chance" to arrange for the children to stay in the U.S. rather than being deported.[26][28] The attorneys were in the midst of preparing habeas corpus petitions for the children, but the children were deported before the attorneys could file them.[29]

The 4-year-old had his cancer medication with him, but was not permitted to access it in detention,[27] and was not allowed to bring the medication with him when he was deported.[29] ICE was aware of the 4-year-old's cancer diagnosis and that he was undergoing treatment prior to his deportation.[27]

Tom Homan, President Donald Trump's "border czar", insinuated that the children are anchor babies, commenting that "Having a U.S. citizen child after you enter this country illegally is not a get-out-of-jail free card."[24] In speaking about the deportation of these children and another U.S. citizen child, Homan insisted that the children's mothers requested their children be removed from the country, and said it was preferable to keep the families together.[26][30] Secretary of State Marco Rubio denied that the children had been deported, instead saying that they "went with their mothers," and that because they are citizens, they could return to the U.S. if the families arranged for someone in the U.S. to care for them.[31][27]

VML

[edit]

VML is a 2-year-old American citizen who was deported to Honduras with her mother in April 2025.[32][31][33]

VML, referred to by her initials in court documents to protect her privacy, was born in Baton Rouge, Louisiana, in 2023.[34] Her mother, who is a Honduran citizen, was asked to bring her children with her when attending a check in with ICE on April 22, 2025.[35][31] During the check in, VML, her 11-year old sister, and their mother who is pregnant, were detained and quickly deported.[27][36] VML's mother was ordered to be deported because — according to her lawyer — she had been kidnapped while waiting in Mexico to immigrate to the United States and was not released by her kidnappers until after her appointment had passed.[37]

VML's father alleges in court filings that between the time of her detention and deportation, he reached out to ICE and was told that he could attempt to pick up his daughter, but that he would also be "taken into custody" if he did so.[38]

At a court hearing, U.S. District Judge Terry Doughty highlighted deportation of a U.S. citizen is "illegal and unconstitutional," that he has a "strong suspicion that the Government just deported a U.S. citizen with no meaningful process."[34][39][40][41] Judge Doughty ordered a hearing on the matter for May 16, 2025.[42]

In speaking about the deportation of VML and two other young children who are American citizens, the executive director of ACLU of Louisiana said "Once again, the government has used deceptive tactics to deny people their rights. These outrageous actions must be condemned. We as a nation are better than this. These families deserve better. They must be returned."[43]

Detentions

[edit]

Jose Hermosillo

[edit]

U.S. citizen Jose Hermosillo, a resident of the state of New Mexico, was arrested by the U.S. Customs and Border Protection (CBR) in Tucson on April 8, 2025.[b] Hermosillo lives in Albuquerque, New Mexico, and was in Arizona with his girlfriend visiting her family.[47][48] Hermosillo was arrested while walking near the Border Patrol headquarters for illegally entering the country despite not having done so.[48][49] Upon learning of his detention in Florence Correctional Center, a privately owned prison in Florence, Arizona, a member of Hermosillo's girlfriend's family drove to the facility with Hermosillo's Social Security card and birth certificate but was not given any information or allowed to effectuate his release.[48]

The criminal complaint against Hermosillo stated that Hermosillo claimed he is a Mexican citizen, had entered the country illegally through Nogales, and was planning to stay for 20 years to work.[44] According to an anonymous United States Department of Homeland Security (DHS) official, Hermosillo then signed a statement with those facts.[50] Hermosillo's family and girlfriend say that he has a learning disability and is illiterate.[49] The charging document states that Hermosillo either read the document or had it read to him, but Hermosillo states that it was never read to him.[45]

According to Hermosillo, the Border Patrol's version of events is false. He says that he had a seizure and was taken to a hospital by an ambulance without his state ID card. He says that after being release from the hospital, he got lost and went to a police officer for help. The police officer asked where he was from and he said that he was from "New Mexico". The officer, who worked for the Border Patrol, responded "Don't make me [out] like [I'm] stupid. I know you're from Mexico" and arrested him, according to Hermosillo. He says that he told prison staff that he was a US citizen several times, and was told "call your lawyer". He denies that ICE officers read him the document that he signed with his first name.[51]

Hermosillo was detained for a total of ten days before being released April 17.[44] In an interview after his release, Hermosillo stated that "They were saying I'm from Mexico, but I'm a U.S. citizen."[49] Arizona Attorney General Kris Mayes investigated Hermosillo's detention by immigration authorities, requesting information about the incident from Immigration and Customs Enforcement.[44][50] "It is wholly unacceptable to wrongfully detain U.S. citizens", Mayes said in a statement.[50]

Juan Carlos Lopez-Gomez

[edit]

U.S. citizen Juan Carlos Lopez-Gomez, who was born in and lives in the state of Georgia, was traveling from his home to Florida for a construction job along with two other people on April 16, 2025.[52][53] Their car was pulled over for a traffic stop by the Florida Highway Patrol for allegedly speeding. Lopez-Gomez, along with the driver and an additional passenger, were arrested and each charged with allegedly entering Florida as an "unauthorized alien" under Florida law SB 4-C.[54][55]

The arrest report states that Lopez-Gomez said he was in the country illegally, but Lopez-Gomez disputes this claim insisting that he told the official he was a U.S. citizen and provided a Social Security card and Georgia ID.[56] Both Lopez-Gomez's mother and his community advocate presented Lopez-Gomez's birth certificate to Leon County Judge LaShawn Riggans, who deemed the birth certificate authentic. However, the judge said that there was nothing she could do to let him out of jail at that time, despite finding no probable cause to hold Lopez-Gomez.[54][55]

Lopez-Gomez was detained in the Leon County Jail until he was released on April 17.[52][57][54] The Florida Phoenix reported that the driver was being held by ICE.[53] Alana Greer of the Community Justice Project — a Florida immigration advocacy group — described the experience as "A series of horrors," and said that "[n]o one should have been arrested under this law, let alone a US citizen."[58] Lopez-Gomez's attorney stated that this case is "a prime example of why everyone should care, because if it happens to Mr. Lopez-Gomez, a US-born citizen, it can happen to anyone."[58]

Julio Noriega

[edit]

U.S. citizen and native Chicagoan Julio Noriega,[59] who has a learning disability that affects his comprehension,[60] was out looking for work, handing out his resume at local businesses in Berwyn, Illinois, on January 31, 2025.[61] He stopped for a slice of pizza, and was grabbed from behind by ICE, arrested without probable cause, handcuffed, and put in a van with other people. ICE took his phone and wallet, which had his Social Security card and driver's license inside.[2] The people in the van were driven around for hours and eventually taken to an ICE processing center in Broadview, Illinois,[60] where he remained for hours, still handcuffed and without access to food, water, or a bathroom.[2] All told, he was detained for at least ten hours[61] without having been asked about his citizenship or otherwise questioned.[2] He was released in the middle of the night after government officials checked his wallet and determined he was actually an American citizen.[62] Mark Fleming, the associate director of litigation at the National Immigrant Justice Center, said that ICE then "just sent him out to the street, even though he had no money and had no idea where he was",[2] nor a way to get home. ICE did not give Noriega any documentation of the arrest and detention, and later denied having any record of it, including body camera or other video.[61]

Jensy Machado

[edit]

Naturalized U.S. citizen Jensy Machado and two other men were stopped and detained by ICE on March 5, 2025, while they were driving to work in Manassas, Virginia. The ICE officers had their guns out and said that they were looking for someone with a different name who had a deportation order and had given Machado's address as his own. Machado explained that he was not the man they were looking for and offered to show them his Real ID driver's license, but was told to keep his hands in the air and was then handcuffed. He was only released after officials viewed his driver's license. Machado said that he had thought ICE was only going to target criminals, but is instead assuming that all Hispanic people are in the country illegally.[63]

Virginia senator Mark Warner wrote to DHS that month, saying that if ICE detains someone who says that they have documentation showing their legal status, the officers should always allow this. He also asked the agency to answer several questions, such as whether the ICE officers identified themselves prior to pulling out their guns, and whether they had been "counseled or disciplined" for their actions.[64]

[edit]

According to the Navajo Nation, over a dozen indigenous people had been questioned, detained, or asked to provide proof of citizenship by federal law enforcement during immigration raids in January 2025.[1] In some cases, ICE officers were not aware that Certificates of Degree of Indian Blood (CDIB) are proof of citizenship, and one person was detained for nine hours.[65] In another case, eight Native Americans were detained for two hours after their workplace was raided. Their phones were confiscated, and one Navajo woman reported that she was not able to provide proof of citizenship until her phone was returned and she was able to text family, one of whom sent a copy of the woman's CDIB. Enough Navajos have been stopped by immigration authorities that the nation created a guide with tips about what to do if stopped, encouraging people to always carry identification and that families alert their children about what to do, including having them memorize their Social Security numbers.[66] Other tribes have also issued tips and warnings,[67] and Native News Online published an article, "Native Americans and Immigration Enforcement – Know Your Rights".[68] One Arizona state senator who is Navajo suggested that tribes contact DHS to share what their travel enrollment card and CDIB look like.[66]

Puerto Ricans

[edit]

Puerto Ricans are U.S. citizens as established by the Jones-Shafroth Act (1917), which made Puerto Rico a U.S. territory.[69] In spite of their citizenship, ICE raids detained and arrested Puerto Ricans under the second Trump administration in multiple incidents. In one, a U.S. military veteran from Puerto Rico was detained on January 23, 2025, after an ICE raid at a seafood warehouse in Newark, New Jersey. The veteran worked there as a warehouse manager. The co-owner of the business said that ICE appeared to be targeting people who look Hispanic,[1] while ignoring his white employees.[70]

In another notable incident, three members of a Puerto Rican family were taken to a detention center in Milwaukee, Wisconsin, on January 27, 2025, after an immigration officer heard one of them speaking Spanish. They were released prior to processing when they provided documentation. The detentions led to a significant upswing in passport requests from Puerto Ricans to provide documentation to satisfy immigration officers.[71]

Leonardo Garcia Venegas

[edit]

American-born citizen Leonardo Garcia Venegas was detained in a vehicle following an immigration raid in Foley, Alabama, in May 2025. He was subsequently released after giving authorities his Social Security number. Garcia's brother, who is not a U.S. citizen, was arrested during the raid. According to Garcia and his cousin, the authorities conducting the raid saw Garcia's REAL ID and called it fake before detaining him.[72]

Cary López Alvarado

[edit]

U.S. citizen Cary López Alvarado was arrested by ICE agents alongside two undocumented immigrants, one of which was her partner, on June 8, 2025. The DHS said that Alvarado was arrested for blocking access to a car containing the undocumented immigrants; Alvarado denied resisting, saying, "I can't fight back; I'm pregnant." Footage shows her telling agents that they needed to leave for being on private property. Other footage shows her refusing to "move away" upon an agent's request. Alvarado was released from custody not long after her arrest.[73]

Detention of US Marshal

[edit]

A US Marshal was detained by ICE in Arizona in the summer of 2025 after officers mistakenly thought he was another person.[74]

Reactions

[edit]

In response to early reports of American citizens being detained, two Democrats on the House Judiciary Committee, Jamie Raskin (the ranking member on the committee) and Pramila Jayapal (the ranking member on the immigration subcommittee), wrote Kristi Noem, the DHS secretary, and Caleb Vitello, the acting director of ICE enforcement, asking them to provide information about citizen detention. The February letter noted that ICE does not have authority to detain citizens, and stressed the importance of keeping "the escalating government assault on immigrants from becoming a steamroller that crushes the rights of American citizens".[75]

See also

[edit]

Notes

[edit]
  1. ^ See the history of laws concerning immigration and naturalization in the United States, including the Fourteenth Amendment to the United States Constitution, the Immigration and Nationality Act, Title 8 of the United States Code, and Afroyim v. Rusk (1967).
  2. ^ Court documents incorrectly state that Jose Hermosillo was arrested in Nogales, Arizona; an affidavit posted on X by the Department of Homeland Security correctly states the arrest occurred in Tucson.[44][45][46] Hermosillo stated after his release that he's never been to Nogales.[46]

References

[edit]
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  3. ^ "Lyttle v. United States, 867 F. Supp. 2d 1256". U.S. District Court for the Middle District of Georgia. Harvard Law School. March 31, 2012. p. 1269.
  4. ^ 8 U.S.C. § 1503 ("Denial of rights and privileges as national")
  5. ^ Stevens, Jacqueline (September 22, 2011). "Virginia Journal of Social Policy & the Law" (PDF). jacquelinestevens.org. p. 608. Retrieved 2018-10-15.
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  32. ^ Tucker, Emma (2025-04-26). "Federal judge says 2-year-old US citizen appears to have been deported with mother to Honduras". CNN. Retrieved 2025-04-30.
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  39. ^ Felton, Emmanuel; Vazquez, Maegan (April 26, 2025). "Three U.S. citizens, ages 2, 4 and 7, swiftly deported from Louisiana. The cases have renewed concerns that the Trump administration's expedited deportations are violating the rights of both citizens and noncitizens".
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  42. ^ Finn, James (2025-04-26). "A 2-year-old U.S. citizen from Louisiana was deported to Honduras, federal judge says". NOLA.com. Retrieved 2025-05-02.
  43. ^ "Trump Has Now Deported Multiple U.S. Citizen Children With Cancer". Yahoo News. 2025-04-26. Retrieved 2025-05-02.
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