Detention and deportation of American citizens in the second Trump administration

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During the second Trump administration, there has been an increased effort to detain and deport undocumented immigrants, and a number of American citizens have been falsely detained or deported by U.S. Immigration and Customs Enforcement (ICE) as undocumented immigrants as a result.[1] These actions by the Trump administration against American citizens have received media attention and alarmed those involved in the civil rights of immigrants, who claim that these violations are due to the increased pressure and speed to deport people without proper procedural protections.[2]

Notable cases that have garnered media attention include the deportations of several children who are American citizens along with their non-citizen parents, including a child in the midst of treatment for cancer; the detentions of Jose Hermosillo, Juan Carlos Lopez-Gomez, Julio Noriega, Jensy Machado, and a military veteran; and the detention and questioning of indigenous individuals in the Southwest.[1][2]

Background

[edit]

Under the law, 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 had attempted to count the amount of unlawful detention and deportations of American citizens that had occurred, and one study estimated that from 2003 to 2011 more than 20,000 Americans were incorrectly detained or deported by immigration officials.[5][6]

Trump during his second presidential administration pushed for mass deportations along with reducing safeguards to stop inappropriate detentions and deportations resulting in American citizens getting caught up in enforcement efforts.[2] As stated by the magazine New York, "[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 During Trump's Second Presidency

[edit]

During his second presidential term, President Donald Trump explored the possibility of transferring American citizens convicted of crimes to foreign prisons, despite longstanding legal prohibitions against deporting U.S. citizens. While prior administrations tried to avoid detaining or deporting American citizens, Trump publicly stated numerous times that his administration was examining whether such actions could be legally pursued.

On February 4, 2025, Salvadoran president Nayib Bukele's 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".[7] Although the U.S. government cannot legally deport American citizens,[8] 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.[9] 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 wasn't sure whether that legal right existed, and the administration was assessing it.[10][11] 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." He said that several countries had already agreed to host American prisoners.[11] Elon Musk called the proposal a "Great idea!!" on X.[7] Rubio specified that this would apply to dangerous criminals. 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.[11]

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".[12]

On April 6, 2025, ahead of Bukele's White House visit, Trump confirmed that they would discuss sending Americans to El Salvador's prisons,[13] giving his stance as "I love it" and that he would be honored, but that he'd have to see what the law says, "but I can't imagine the law would say anything different... If they can house these horrible criminals for a lot less money than it costs us, I'm all for it."[14]

Later when Trump met with Bukele at the White House, they continued to discuss the topic of sending Americans to CECOT. On April 14, 2025, Trump stated that his administration was looking into whether there are legal ways to send U.S. citizen convicted of crimes to CECOT.[10][15][14] 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 "[h]ome-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".[15]

The BBC noted that while U.S. citizens enjoy legal protection from deportation, it is possible for naturalized citizens to be denaturalized. This tends to happen when the citizenship was fraudulently obtained, but 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. They would then be at risk of deportation, although such a move would need a formal court process. Citizens born in the U.S. cannot be denaturalized.[18]

Despite not instituting the plan to intentionally deport American citizens, Trump's push for mass deportations led to various American citizens being detained or deported.

Deportations

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Unidentified 4 and 7-year-old siblings

[edit]

On April 25, 2025, 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, despite both children being American citizens,[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 they 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 wasn't 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]

On April 8, 2025, Hermosillo was arrested by the United States Customs and Border Patrol in Tucson.[a] Hermosillo lives in Albuquerque, New Mexico and was in Arizona with his girlfriend visiting her family in Tucson.[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 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 is investigating why Hermosillo was detained; her office has requested information about the incident from Immigration and Customs Enforcement.[44][50] She said "It is wholly unacceptable to wrongfully detain U.S. citizens".[50]

Juan Carlos Lopez-Gomez

[edit]

On April 16, 2025, Lopez-Gomez, a US citizen born in Georgia, was traveling from Georgia to Florida for a construction job along with two other people.[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 US 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 to be 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]

Julio Noriega was born in Chicago, Illinois, where he still lives.[59] He has a learning disability that affects his comprehension.[60]

On January 31, 2025, he had been looking for work, handing out his resume at local businesses in Berwyn, Illinois.[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]

On March 5, 2025, Jensy Machado and two other men were stopped and detained by ICE in Manassas, Virginia while they were driving to work. 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, a naturalized U.S. citizen, explained that he wasn't 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]

In January 2025 the Navajo Nation stated that over a dozen indigenous people had been questioned, detained, or asked to provide proof of citizenship by federal law enforcement during immigration raids.[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 wasn't 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]

In 1917, the Jones-Shafroth Act made Puerto Rico a U.S. territory, and Puerto Ricans are U.S. citizens.[69]

On January 23, 2025, a U.S. military veteran from Puerto Rico was detained after an ICE raid at a seafood warehouse in Newark, New Jersey where he is the warehouse manager. The co-owner of the business said that ICE appeared to be targeting people who look Hispanic,[1] and did not target his white employees.[70] Other Puerto Ricans have also reported being targeted simply because they speak Spanish. The president of the Hispanic Federation calls it "masked racial profiling". On January 27, three members of a Puerto Rican family were taken to a detention center in Milwaukee, Wisconsin, after an immigration officer heard one of them speaking Spanish. They were released prior to processing when they provided documentation and said that they were from Puerto Rico. LatinoJustice PRLDEF, a civil rights organization, responded with information sessions to help Puerto Ricans know their rights when approached by ICE. The detentions have led to a significant upswing in passport requests from Puerto Ricans so they can show documentation that will satisfy immigration officers.[71]

Leonardo Garcia Venegas

[edit]

In May 2025, American-born citizen Leonardo Garcia Venegas was detained in a vehicle following an immigration raid in Foley, Alabama. 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]

On June 8, 2025, U.S. citizen Cary López Alvarado was arrested by ICE agents alongside two undocumented immigrants, one of which is her partner. The Department of Homeland Security 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]

In the summer of 2025, a US Marshal was detained by ICE in Arizona 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

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Notes

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  1. ^ Court documents incorrectly state that he 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

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  4. ^ 8 U.S.C. § 1503 ("Denial of rights and privileges as national")
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