Yes, an American citizen can file a lawsuit against Immigration and Customs Enforcement (ICE) after a wrongful detention. In February 2026, a man born in California filed a civil complaint against ICE and two other federal agencies after a 2025 incident that resulted in a three-day detention at a military base and the Metropolitan Detention Center in Los Angeles. George Retes is suing for constitutional violations, excessive force, and false imprisonment. He is one of over a dozen United States citizens who have active lawsuits against ICE and other agencies under the Department of Homeland Security (DHS).
Why Was George Retes Detained?
In July 2025, Retes was working as a security guard at a Camarillo cannabis farm when ICE agents conducted a raid at the location. Journalists and witnesses recorded videos showing Retes, an Iraq War combat veteran, pinned to the ground by agents kneeling on his back. Despite a lack of video evidence, DHS lawyers claim Retes assaulted ICE agents and endangered them by blocking their exit with his private vehicle. Even after ascertaining his birthright citizenship status, ICE agents processed him like a criminal undocumented migrant, detaining him for three days and denying his right to legal counsel.
Can ICE Agents Detain US Citizens?
ICE agents have limited jurisdiction and can only detain foreigners for immigration violations. Federal law and internal policies prohibit ICE agents from approaching US citizens. This is because the agency’s statutory authority is limited to enforcing civil immigration laws against non-citizens.
Why Would ICE Agents Approach or Detain Americans?
It’s very difficult to explain the chaos at DHS, ICE, and other federal agencies since January 2025. Nonetheless, there’s no legal justification for immigration agents involved in targeted operations to approach anyone other than foreigners suspected of immigration violations. Most legal analysts following the Retes lawsuit think his Fourth Amendment right against unreasonable seizure was clearly violated by ICE agents because they never had jurisdiction.
Are There Other US Citizen Lawsuits against ICE?
Hussen v. Noem is a civil action filed by the American Civil Liberties Union (ACLU) against former DHS Secretary Kristi Noem after ICE agents snatched a Somali-American man from a Minneapolis street in December 2025. This is a class action lawsuit representing many Minnesota residents, including US citizens, who have been harassed by ICE agents engaged in racial profiling.
If you or a loved one has been wrongfully detained or mistreated by immigration authorities, you don’t have to face the situation alone. The team at KS Visa Law has the best immigration lawyers in San Diego, and we’re committed to protecting your rights and holding federal agencies accountable when those rights are violated. Our experienced legal team can evaluate your case, explain your options, and help you pursue the compensation and justice you deserve. Contact KS Visa Law today to schedule a confidential consultation and take the first step toward protecting your freedom and your future.
Frequently Asked Questions
Can I demand monetary compensation?
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Yes, you can seek compensation for damages like emotional distress, physical injuries, lost wages, and constitutional violations at the hands of a federal agency.
Can immigration law firms file lawsuits against ICE?
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They can if they’re also admitted to litigate in federal court. In some situations, they can coordinate with other firms that focus on federal torts.
What gives me the right to sue ICE?
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Generally, the Federal Tort Claims Act (FTCA) allows plaintiffs to sue for injuries caused by the negligent or wrongful acts of federal employees. Most recently, Martin v. United States, 605 US 395 (2025) features a Supreme Court ruling that makes it easier to sue the federal government for false arrest, battery, and other ICE malfeasance.
Do I have to be a citizen to file a lawsuit against ICE?
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No. Anyone mistreated by ICE agents has legal rights and protections, including filing civil claims separate from criminal and immigration court cases. For both citizens and immigrants in Southern California, it’s essential to contact an immigration lawyer in San Diego.
