At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. Two developments in two days point to the same problem: immigration agents detaining the wrong person. On October 6, 2026, ProPublica published an investigation identifying 506 U.S. citizens detained by immigration agents under the current administration. A day earlier, a federal judge in New York found that Immigration and Customs Enforcement (ICE) agents falsified records to justify a mistaken-identity arrest.
Below, we explain what we know, what the law says, and what you can do.
What Did ProPublica Find?
ProPublica combed social media, court records, Department of Homeland Security (DHS) statements, and local news, including only incidents it could confirm with at least two sources. Among its findings:
- More than 100 citizens were held after agents questioned their citizenship; nearly all were people of color.
- At least 70 were children or teens, some of them handcuffed.
- 36 people were held for at least a day without being able to contact a lawyer or family.
- Roughly a dozen citizens were deported, mostly children.
Of more than 300 citizens detained for allegedly assaulting or obstructing agents, fewer than half were charged in federal court. DHS responded that its operations are “highly targeted.” ProPublica notes its list is an undercount, not an official audit.
What Did the Judge Decide in the Bronx Case?
On May 6, ICE agents in the Bronx arrested Angel Jesus Almonte, saying they had mistaken him for another man they were seeking. ICE’s own records list Almonte at 6 feet and 180 pounds; the man they were looking for at 5-foot-7 and 110 pounds. In the same operation, agents mistakenly detained a U.S. citizen, Jeury Concepcion, who suffered head injuries.
In a 28-page ruling issued Monday, October 5, U.S. District Judge Gary R. Brown of the Eastern District of New York found the arrest illegal and provisionally granted Almonte’s habeas petition. “ICE agents falsified official records trying to conceal their illegal actions,” he wrote, according to Newsweek. The administrative arrest warrant claimed his identity had been confirmed through biometrics and database checks, even though five database searches had initially come back negative. The judge gave the government 21 days to explain how it will respond and left sanctions on the table.
Can Immigration Agents Detain a U.S. Citizen?
In limited situations, yes. According to ProPublica, agents may hold someone if they reasonably suspect the person is in the country unlawfully or believe the person interfered with them. But the Fourth Amendment generally requires probable cause for an arrest, and entering a home requires a warrant signed by a judge, not just an ICE administrative warrant.
Being a citizen does not prevent a mistaken detention, and not being a citizen does not strip you of constitutional rights. Both matter during an operation.
What Can You Do If Agents Stop You or Come to Your Home?
- Stay calm and do not run: running can make things worse and be used against you.
- If you are a citizen, say so clearly: show proof of citizenship only if you have it and it is safe to do so.
- Stay silent: you have the right not to answer questions about where you were born or your status.
- Do not open the door without a judicial warrant: ask them to slide it under the door and check that a judge signed it.
- Afterward, write everything down: names, badge numbers, vehicles, time, and witnesses. If you record, do it from a safe distance.
If a relative is detained, an attorney can request the arrest warrant, biometric records, operation reports, and video. In the Bronx case, those documents made the difference. In a country where every decision can change your future, having the right information is your best tool. You can also revisit our explainer on the U.S. citizen mistaken for a fugitive in Evanston.
Protect Your Immigration Status with Campos Law Firm
A mistaken detention can mean days of anguish for an entire family. Our immigration attorneys can act quickly, review the basis for the arrest, and defend your rights. Free, honest evaluation in English or Spanish. We answer 24/7.
Do not leave your immigration status to chance. Call us today at +1 (844) 922-6767 to schedule a free, confidential consultation in English or Spanish. Campos Law Firm: Legal Solutions in All Areas of Law.
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