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Deportation and detention 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. Through these efforts, a number of American citizens have been falsely detained or deported by U.S. Immigration and Customs Enforcement (ICE). Some of these citizens were briefly questioned, while others have been jailed or been deported.[1] As stated by the magazine New York, "It’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] The actions of the Trump administration against American citizens "have alarmed attorneys, civil rights advocates and immigration scholars who say they reveal the dangers of a system accelerating with few safeguards."[2]

Notable cases include: the deportation of 4-year-old and 7-year-old American citizens, the deportation of a 2-year old American citizen (identified as "VML"), the detention of Jose Hermosillo, the detention of Juan Carlos Lopez-Gomez, detention of Julio Noriega, detention of Jensy Machado, deportation of a 10-year-old cancer patient along with her family, the detention and questioning of "[n]umerous [i]ndigenous people in the Southwest", and detention of a "Puerto Rican U.S.-military veteran."[1][2]

Position on deporting U.S. citizens under Trump administration

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Trump has stated "his administration is trying to find 'legal' ways to ship U.S. citizens" to CECOT. [3][4][5] During President Bukele's White House visit where the two discussed Abrego Garcia, Trump told Bukele "Home-growns are next. The home-growns. You gotta build about five more places. It’s not big enough."[6][7]

The issue was first raised when U.S. and El Salvador formed an agreement to house people of any nationality in CECOT. Bukele extended the offer to convicted criminals serving their sentence in the United States who are U.S. citizens or legal residents. He confirmed the statement on X, saying he offered the U.S. "the opportunity to outsource part of its prison system".[8] The U.S. government cannot deport American citizens,[9] and Secretary of State Marco Rubio said that "Obviously we'll have to study it on our end. There are obviously legalities involved. We have a Constitution, we have all sorts of things",[10] while calling it "a very generous offer", noting "No one's ever made an offer like that" and that it would cost a fraction of imprisoning criminals in the U.S.[3] He said that "obviously the administration will have to make a decision."[9]

Trump said he was looking into whether he could move forward with the offer, telling reporters "I'm just saying if we had a legal right to do it, I would do it in a heartbeat" and "I don't know if we do or not, we're looking at that right now."[3][11] Asked about the cost of incarcerating American prisoners in other countries, Trump said it would be a "small fee compared to what we pay to private prisons", that several countries had already agreed to host American prisoners, and that "It's no different than a prison system except it would be less expensive and it would be a great deterrent."[11] Elon Musk called the proposal a "Great idea!!" on X.[8] Rubio in his remarks specified that this would apply to dangerous criminals; Politico noted that meanwhile, 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]

Trump later 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] 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."[5]

Politico cited Insha Rahman, vice president of advocacy in the Vera Institute of Justice, as saying 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".[4]

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.[14]

Deportations

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Unidentified 4 and 7-year-old siblings

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A 7-year-old girl and her 4-year-old brother, who has stage 4 cancer, were deported from the United States to Honduras with their mother, despite both children being American citizens, on April 25, 2025.[15][16][17]

Overview

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On April 24, 2025, the children travelled with their mother, as well as their lawyer, to a routine check in with Immigration and Customs Enforcement (ICE) in Saint Rose, Louisiana.[18][19] The three of them were detained before they could speak with their lawyer, and were then deported to Honduras the next day.[19] The children's mother was not permitted to speak with an attorney or family members prior to their deportation, despite trying to do so.[20][21]

According to an attorney for the family, the children's mother was told the check with ICE was to photocopy the children's passports; as such they wore their school uniforms as they expected to return to school once the appointment was over.[22] The attorney went on to say that she was not permitted to see the two children or their mother, and was informed they had been detained, stating "I want to be clear — they sequestered her from me."[22]

As such, the 4-year-old, who has stage 4 cancer, did have his cancer medication with him, and was not permitted to access it.[23][21][20] ICE was aware of the 4-year-old's cancer diagnosis and that he was undergoing treatment prior to his deportation.[21]

Attorneys for both the mother and the children insisted that the children were, in fact, deported illegally. The attorneys provided evidence that demonstrated that their mother, "their families and their attorneys had little to no chance to make arrangements for their children."[20][23]

4-year-old and 7-year-old's mother

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The mother of the 4-year-old and 7-year-old United States citizens crossed in to 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.[24]

Reactions

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Tom Homan, President Donald Trump's so-called 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."[19] Homan — when speaking about these children as well as the deportation of VML — insisted that the children's mother requested their children be removed from the country, and said it was preferable to keep the families together.[20][25]

Secretary of State Marco Rubio said that "the children weren’t deported but 'went with their mothers,' adding that as citizens they could come back if there's someone in the United States who 'wants to assume them.'"[20][21]

VML

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VML is a 2-year-old American citizen who was deported to Honduras with her mother in April, 2025.[21][20][26]

Overview

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VML, referred to by her initials in court documents to protect her privacy, was born in Baton Rouge, Louisiana, in 2023.[27] On April 22, 2025, her mother who is a Honduran citizen, was asked to bring her children with her when attending a check in with Immigration and Customs Enforcement (ICE).[28][20] During the check in, VML, her 11-year old sister, and their mother who is pregnant, were detained and quickly deported.[21][29] 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.[30]

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 be also be "taken into custody" if he did so.[31]

At a court hearing, U.S. District Judge Terry Doughty highlighted deportation of a United States citizen is "illegal and unconstitutional," that he has a "strong suspicion that the Government just deported a U.S. citizen with no meaningful process."[27][32][33][34] Judge Doughty ordered a hearing on the matter for May 16, 2025.[35]

Reactions

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The executive director of ACLU of Louisiana said, of the deportation of VML and two other young children who are American citizens, "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."[36]

Tom Homan, President Donald Trump's border czar, suggested to that VML is an anchor baby, stating "Having a U.S. citizen child after you enter this country illegally is not a get-out-of-jail free card."[37] Homan — when speaking about VML as well as the deportation of a 7-year-old girl and her 4-year-old brother — insisted that the children's mothers requested their children be removed from the country, and said it was preferable to keep the families together.[38][20]

Secretary of State Marco Rubio said that "the children weren’t deported but 'went with their mothers,' adding that as citizens they could come back if there's someone in the United States who 'wants to assume them.'"[39][20]

Detentions

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Jose Hermosillo

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Jose Hermosillo is an American citizen[40] who was wrongfully detained for 10 days for entering the United States illegally, despite not having done so. Hermosillo, who has intellectual disabilities,[41] was born and raised in New Mexico, and detained while on a trip to Arizona.

Arrest and detention

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On April 8, 2025, Hermosillo was arrested by the United States Customs and Border Patrol in Tucson. 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.[42][43][21] Hermosillo stated after his release that he's never been to Nogales.[21]

Hermosillo lives in Albuquerque, New Mexico and was in Arizona with his girlfriend visiting her family in Tucson.[44][45] Hermosillo was walking around, and may have became lost; he was arrested while walking near the Border Patrol headquarters for illegally entering the country despite not having done so.[45][46]

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.[45]

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.[42] According to an anonymous DHS official, Hermosillo then signed a statement with those facts.[47] Hermosillo's family and girlfriend say that he has a learning disability and is illiterate.[46] 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.[43]

According to Hermosillo, the Border Patrol's version of events is false. He says that he was treated at a hospital after having a seizure and did not have his state ID card with him when he was taken there by ambulance. He says that he got lost after being released. He says he approached a police officer for help, and that he responded "New Mexico" when asked where he was from. 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.[48]

Release

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Hermosillo was detained for a total of ten days before being released April 17.[42] In an interview after his release, Hermosillo stated that "They were saying I’m from Mexico, but I’m a U.S. citizen."[46]

Arizona Attorney General Kris Mayes is investigating why Hermosillo was detained; her office has requested information about the incident from Immigration and Customs Enforcement.[42][47] She said "It is wholly unacceptable to wrongfully detain U.S. citizens".[47]

Juan Carlos Lopez-Gomez

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Juan Carlos Lopez-Gomez is an American citizen who was arrested during a traffic stop and detained at the request of U.S. Immigration and Customs Enforcement (ICE) because the arresting officer believed he entered the State of Florida as an undocumented non-citizen. He was detained for approximately 24 hours. He was born in Georgia, and the law under which he was detained had been temporarily blocked from enforcement by a federal judge.

Overview

[edit]

Arrest

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On Wednesday, 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.[49][23] Their car was pulled over for a traffic stop by the Florida Highway Patrol for allegedly driving 13 mph over the speed limit in a 65 mph zone. He, 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.[21][20]

The arrest report states that Lopez-Gomez said he was in the country illegally. Lopez-Gomez "insists he told the trooper he was a U.S. citizen born in Georgia, handed over his Social Security card and Georgia ID."[50]

Detention

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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, but said that there was nothing she could do to let him out of jail, despite finding no probable cause to hold Lopez-Gomez.[21][20]

Lopez Gomez was detained in the Leon County Jail until he was released on April 17.[49][51][21] The Florida Phoenix reported that the driver was being held by ICE.[23]

Impact

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Alana Greer of the Community Justice Project — a Florida immigration advocacy group — described the experience as "A series of horrors," and said that "No one should have been arrested under this law, let alone a US citizen."[52]

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."[52]

See also

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References

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  1. ^ a b c Danner, Chas (May 3, 2025). "All the U.S. Citizens Who've Been Caught Up in Trump's Immigration Crackdown". New York Magazine. Retrieved May 4, 2025.
  2. ^ a b Paúl, María Luisa (April 5, 2025). "As Trump cracks down on immigration, U.S. citizens are among those snared". Washington Post. Retrieved May 4, 2025.
  3. ^ a b c Riccardi, Nicholas (April 15, 2025). "Trump says he wants to imprison US citizens in El Salvador. That's likely illegal". Associated Press. Retrieved April 29, 2025.
  4. ^ a b Bianco, Ali (March 21, 2025). "Trump floats sending Americans to foreign prisons. Civil rights groups say that would be illegal". Politico. Retrieved April 11, 2025.
  5. ^ a b Powel, James (April 7, 2025). "Trump on sending American prisoners to El Salvadorian prisons: 'I love that'". USA Today. Retrieved April 11, 2025.
  6. ^ Ward, Myah; Stokols, Eli (April 14, 2025). "El Salvador won't return wrongly deported Maryland man". Politico. Retrieved April 14, 2025.
  7. ^ Slattery, Gram; Morland, Sarah (April 15, 2025). "Trump calls for deporting some citizens to El Salvador, testing US law". Reuters. Retrieved April 23, 2025.
  8. ^ a b Lee, Matthew (February 4, 2025). "Rubio says El Salvador offers to accept deportees from US of any nationality, including Americans". Associated Press. Retrieved April 11, 2025.
  9. ^ a b Alemán, Marcos (February 5, 2025). "What to know about El Salvador's mega-prison after Trump deal to send people there". Associated Press. Retrieved April 11, 2025.
  10. ^ Chappell, Bill (February 5, 2025). "Would it be legal for Trump to send U.S. citizens to El Salvador's jails?". NPR. Retrieved April 11, 2025.
  11. ^ a b c Friedman, Amanda (February 4, 2025). "Trump backs sending 'dangerous' American prisoners to other countries". Politico. Retrieved April 11, 2025.
  12. ^ Forrester, Megan (March 22, 2025). "Trump suggests Tesla vandals should be sent to prison in El Salvador". ABC News. Retrieved April 11, 2025.
  13. ^ Matza, Max (April 6, 2025). "US judge scolds Trump officials for failing to return man deported in error". BBC. Retrieved April 10, 2025.
  14. ^ Buschschlüter, Vanessa (February 4, 2025). "Could US criminals be sent to El Salvador's mega-jail?". BBC. Retrieved April 11, 2025.
  15. ^ "U.S. citizen children, including 4-year-old with cancer, taken to Honduras on mother's deportation flight, legal advocates say". NBC News. April 28, 2025. Retrieved April 30, 2025.
  16. ^ "Three U.S. citizens, ages 2, 4 and 7, swiftly deported from Louisiana". The Washington Post. April 26, 2025. Archived from the original on April 28, 2025. Retrieved April 30, 2025.
  17. ^ "US: ICE deports 3 American children, say lawyers". Yahoo News. April 27, 2025. Retrieved April 30, 2025.
  18. ^ Andone, Dakin (April 27, 2025). "3 children who are US citizens — including one with cancer — deported with their mothers to Honduras, lawyers and advocacy groups say". CNN. Retrieved April 30, 2025.
  19. ^ a b c Medina, Eduardo (2025-04-27). "Two Children With U.S. Citizenship Deported to Honduras With Mother, Lawyer Says". The New York Times. ISSN 0362-4331. Retrieved 2025-04-30.
  20. ^ a b c d e f g h i j k "Attorneys dispute Trump officials' claim that deported moms willingly took their U.S. citizen children". NBC News. April 29, 2025. Retrieved April 30, 2025. Cite error: The named reference ":1" was defined multiple times with different content (see the help page).
  21. ^ a b c d e f g h i j k "Trump Lied About Deportation of 4-Year-Old U.S. Citizen, Lawyers Say". The New Republic. ISSN 0028-6583. Retrieved April 30, 2025. Cite error: The named reference ":0" was defined multiple times with different content (see the help page).
  22. ^ a b "Lawyers Say Trump's Admin Is Endangering Moms of Deported American Kids". Yahoo News. 2025-04-30. Retrieved 2025-05-02.
  23. ^ a b c d Singh, Maanvi (April 28, 2025). "Mothers deported by Trump 'denied' chance to transfer custody of children, lawyer says". The Guardian. ISSN 0261-3077. Retrieved April 30, 2025. Cite error: The named reference ":2" was defined multiple times with different content (see the help page).
  24. ^ "Trump's deportation campaign is capitalizing on a key hallmark: Speed". NBC News. 2025-05-01. Retrieved 2025-05-02.
  25. ^ "Three US citizen children, one with cancer, deported to Honduras, lawyers say". BBC News. April 28, 2025. Retrieved April 30, 2025.
  26. ^ "Trump Lied About Deportation of 4-Year-Old U.S. Citizen, Lawyers Say". The New Republic. ISSN 0028-6583. Retrieved 2025-04-30.
  27. ^ a b "Judge says 2-year-old US citizen appears to have been deported with 'no meaningful process'". POLITICO. 2025-04-25. Retrieved 2025-04-30.
  28. ^ Singh, Maanvi (2025-04-28). "Mothers deported by Trump 'denied' chance to transfer custody of children, lawyer says". The Guardian. ISSN 0261-3077. Retrieved 2025-04-30.
  29. ^ Andone, Dakin (2025-04-27). "3 children who are US citizens — including one with cancer — deported with their mothers to Honduras, lawyers and advocacy groups say". CNN. Retrieved 2025-04-30.
  30. ^ "Trump's deportation campaign is capitalizing on a key hallmark: Speed". NBC News. 2025-05-01. Retrieved 2025-05-02.
  31. ^ Romero, Laura (April 25, 2025). "Trump administration deported 2-year old US citizen 'with no meaningful process,' judge says". ABC News. Retrieved 2025-05-02.
  32. ^ 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".
  33. ^ Lotz, Avery (2025-04-28). "What to know about the U.S. citizen children removed with their mothers". Axios. Retrieved 2025-04-30.
  34. ^ Aleaziz, Hamed (2025-04-29). "What to Know About the 3 U.S. Citizen Children Removed to Honduras". The New York Times. ISSN 0362-4331. Retrieved 2025-04-30.
  35. ^ 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.
  36. ^ "Trump Has Now Deported Multiple U.S. Citizen Children With Cancer". Yahoo News. 2025-04-26. Retrieved 2025-05-02.
  37. ^ Medina, Eduardo (2025-04-27). "Two Children With U.S. Citizenship Deported to Honduras With Mother, Lawyer Says". The New York Times. ISSN 0362-4331. Retrieved 2025-05-01.
  38. ^ "Three US citizen children, one with cancer, deported to Honduras, lawyers say". BBC News. 2025-04-28. Retrieved 2025-05-01.
  39. ^ "Trump Lied About Deportation of 4-Year-Old U.S. Citizen, Lawyers Say". The New Republic. ISSN 0028-6583. Retrieved 2025-05-01.
  40. ^ Olivares, José (21 April 2025). "US citizen wrongfully arrested by border patrol in Arizona held for nearly 10 days". The Guardian. Retrieved 26 April 2025.
  41. ^ Cavazos, Nidia (23 April 2025). "U.S. citizen DHS detained for 10 days has intellectual disabilities, family claims - CBS News". www.cbsnews.com. Retrieved 26 April 2025.
  42. ^ a b c d Ruelas, Richard. "Homeland Security releases interview with US citizen held after saying he was from Mexico". The Arizona Republic. Retrieved 2025-04-25.
  43. ^ a b Legum, Judd. "US citizen wrongly detained by the border patrol says government's account is false". Mother Jones. Retrieved 2025-04-25.
  44. ^ "U.S. citizen visiting Arizona detained by immigration agents for 10 days, family says". NBC News. 2025-04-21. Retrieved 2025-04-25.
  45. ^ a b c Khmara, Danyelle. "U.S. citizen in Arizona detained by immigration officials for 10 days". news.azpm.org. Retrieved 2025-04-25.
  46. ^ a b c Begay, Mesha (2025-04-23). "Albuquerque man talks about being wrongfully detained by Border Patrol". KOB.com. Retrieved 2025-04-25.
  47. ^ a b c Fisher, Austin (April 21, 2025). "Arizona AG queries ICE about arrest of New Mexico man • Source New Mexico". Source New Mexico. Retrieved 2025-04-25.
  48. ^ Rashid, Hafiz (April 23, 2025). "Detained U.S. Citizen Says Immigration Agents Lied About Everything: Immigration officials detained Jose Hermosillo for over a week. He says their story of what happened is completely inaccurate". The New Republic. Retrieved April 26, 2025.
  49. ^ a b Yang, Maya (2025-04-18). "Florida releases US-born American citizen who was arrested on Ice orders". The Guardian. ISSN 0261-3077. Retrieved 2025-04-20.
  50. ^ Llanos, Jackie (2025-04-21). "Feds blame U.S. citizen for his arrest under suspended immigration law • Florida Phoenix". Florida Phoenix. Retrieved 2025-04-23.
  51. ^ "U.S.-born American citizen under ICE hold in Florida is released". NBC News. 2025-04-18. Retrieved 2025-04-20.
  52. ^ a b Cite error: The named reference :5 was invoked but never defined (see the help page).
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