A U.S. citizen detained by ICE for nearly a year: that is the case The Associated Press has documented. At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. On October 27, 2026, The Associated Press published an investigation into Phillip James, a 39-year-old man whose birth certificate says he was born in Orange County, Florida, and who has been held by Immigration and Customs Enforcement (ICE) since January 5, 2026, at a detention center in Indiana.
ICE has no authority to detain U.S. citizens, and the Department of Homeland Security (DHS) maintains that James is not one; his lawyers say he is and are fighting for his release. The case raises a question that worries many Latino families: what happens if someone who really is a citizen gets detained by mistake? Below, we explain what is known, what is not, and what you can do.
What does the AP investigation show?
According to AP, James was born in 1987 to a U.S. citizen mother and a Jamaican father, and has paranoid schizophrenia with a delusion that he was born in Jamaica. The evidence of his citizenship includes a Florida birth certificate backed by his mother’s sworn affidavit, a 1988 Florida court paternity document, and a U.S. passport issued in 2008 and renewed in 2023.
DHS claims the passport was based on a “fraudulent birth certificate” but has provided no evidence; it contends that James was born in Jamaica under a different name, though Jamaican authorities have no record of that birth. An immigration judge ordered him removed to Jamaica in April 2026; his lawyers appealed to the Board of Immigration Appeals (BIA), and The Bronx Defenders filed a habeas corpus petition on August 19 before a federal judge in Indiana, who has not yet ruled. James had no lawyer at the start: there is no right to appointed counsel in Immigration Court.
The case is not unique. A ProPublica investigation published in October counted 506 U.S. citizens detained by immigration agents since the current administration took office, including at least 70 minors. DHS denies that ICE detains citizens.
How do you prove U.S. citizenship if you are detained by mistake?
Citizenship is proven with primary documents, and it helps to know which ones before you need them:
- If you were born in the U.S.: a certified copy of your birth certificate issued by the state’s vital records office (not a photocopy or the hospital certificate), or a current or expired U.S. passport.
- If you naturalized: your Certificate of Naturalization (Form N-550) or your passport.
- If you are a citizen through your parents: a Certificate of Citizenship (N-560), a Consular Report of Birth Abroad (FS-240), or a passport. Many people automatically acquired citizenship when a parent naturalized while they were minors and never documented it; that is one of the most common scenarios behind wrongful detentions.
Since 2015, an internal ICE directive has required officers to investigate any indication of citizenship immediately. The James case shows that review can fail.
What does the $500,000 bill for wrongfully detained citizens propose?
On October 15, 2026, Democratic Representatives Teresa Leger Fernández (New Mexico) and Bonnie Watson Coleman (New Jersey) introduced the Justice for Citizens Wrongfully Detained by ICE Act (H.R. 10826). It would allow citizens arrested without a warrant or probable cause on or after January 20, 2025, to sue the officer and the government in federal court, with minimum damages of $500,000 plus $100,000 for each additional day of detention.
It is only a proposal: to become law it must pass both chambers and be signed by the president, which Newsweek describes as unlikely under the current Republican majority. Today, someone wrongfully detained must rely on the Federal Tort Claims Act (FTCA), with a two-year deadline.
We break down this bill on the Campos Law Firm Instagram:
What should the family of a U.S. citizen detained by ICE do?
- Locate the person: use the ICE Online Detainee Locator (locator.ice.gov) with their name and date of birth or A-number. If they do not appear, call the local ICE field office; citizens sometimes are not in the system.
- Gather primary documents today: certified copies of the birth certificate or of the parents’ naturalization certificates, kept where the family can find them.
- Do not let them sign anything: a “voluntary departure” or a removal order signed without a lawyer can be very hard to undo, even for a citizen.
- Get an attorney immediately: a lawyer can present the evidence to ICE, ask the Immigration Court to review the claim and, if detention continues, file a habeas corpus petition in federal court so a judge can order release. Our immigration attorneys handle these cases as emergencies.
- Document everything: the date, place, and circumstances of the arrest, and whether the officers showed a warrant.
Protect Your Rights with Campos Law Firm
Phillip James’ case remains in the hands of a federal judge and the BIA. What we do know is that proving citizenship is not always automatic, especially for people who acquired it through their parents or who have a health condition that makes it hard to defend themselves.
If you or a family member was detained despite being a citizen, or you are unsure whether you acquired citizenship through your parents, Campos Law Firm is here to help you. 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.
With information from AP, Democracy Now, Rep. Leger Fernández’s office and Newsweek.
