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What is ICE in the USA? Powers, Protests, Your Rights

Arthur William Bennett Harrison • 2026-05-27 • Reviewed by Sofia Lindberg

Few federal agencies spark as much debate as ICE (U.S. Immigration and Customs Enforcement), created in 2003 as part of the Department of Homeland Security, and this explainer breaks down what ICE can legally do, what rights citizens have, and why it remains controversial today.

Year founded: 2003 · Parent agency: U.S. Department of Homeland Security · June 2025 raids (Los Angeles): 500+ arrests

Quick snapshot

1What is ICE?
2ICE’s Powers
3Rights of Citizens
4Protests & Controversy

Six essential facts about the agency and its operations, drawn from official and research sources.

Fact Detail Source
Full name U.S. Immigration and Customs Enforcement ice.gov
Parent agency Department of Homeland Security ice.gov
Year established 2003 ice.gov
Immigration protests (early 2025) 700+ across all 50 states + DC Princeton Bridging Divides Initiative
Pro-immigrant share of protests 97% of demonstrations Princeton Bridging Divides Initiative
June 2025 LA raid arrests 500+ arrests in one operation Mixed Migration Centre (migration research)

What is ICE in the USA?

Is ICE a government agency?

  • Yes — ICE is a federal law enforcement agency within the Department of Homeland Security (U.S. Immigration and Customs Enforcement official site).
  • Its mission includes enforcing federal immigration laws and investigating cross-border crime (ice.gov).

Who created ICE immigration?

  • ICE was established in 2003 by the Homeland Security Act, merging enforcement functions of the former Immigration and Naturalization Service and the Customs Service (ice.gov).
Bottom line: ICE is a federal agency with police powers over immigration, created to centralize enforcement. For non-citizens in the U.S., it is the primary body you will encounter.

The implication: understanding ICE’s origins clarifies why its authority is so broad.

What does ICE do to immigrants?

What happens when someone is picked up by ICE?

  • ICE agents can arrest, detain, and initiate removal proceedings against non-citizens (ice.gov).
  • In June 2025, ICE conducted large-scale raids in Los Angeles that resulted in more than 500 arrests (Mixed Migration Centre).
  • The agency also expanded use of surveillance tools including social media monitoring and cellphone location tracking (Brennan Center for Justice).

What nationality is ICE deporting the most?

  • While official breakdowns vary, the majority of removals target individuals from Mexico, Central America, and other Latin American countries (ice.gov annual reports).
The pattern

ICE’s enforcement focus has shifted repeatedly — from criminal priorities to broad arrests — but the practical consequence for undocumented immigrants remains the same: risk of detention and deportation, regardless of prior criminal record.

What this means: for immigrants, the agency’s shifting priorities offer little predictability.

Can ICE deport me if I’m a US citizen?

Can a US citizen be detained by ICE?

  • US citizens have constitutional protections against deportation, but ICE can mistakenly detain citizens — such detention is illegal (Brennan Center analysis).
  • ICE’s own jurisdiction statement confirms that US citizens cannot be legally deported (ice.gov).

Can you sue ICE for detaining you if you’re a citizen?

  • Yes, citizens can file lawsuits for wrongful detention under the Federal Tort Claims Act (American Immigration Council).
  • Right to sue for wrongful detention is established (American Immigration Council legal analysis).
Bottom line: While US citizens cannot be legally deported, mistakes happen. If you are detained, you have the right to remain silent and to seek legal recourse. The agency’s expanding surveillance tools create new risks even for citizens.

The catch: even citizens can be caught up in immigration enforcement, especially if they protest.

What is the ICE protest about?

Why are people protesting Trump?

  • Immigration-related demonstrations hit a record high in early 2025, with more than 700 events across all 50 states and DC (Princeton Bridging Divides Initiative).
  • About 97% of these protests supported immigrant rights, not anti-immigrant positions (same source).
  • In June 2025, Los Angeles protests were described as the strongest domestic backlash to the Trump administration since his return to office in January 2025 (Wikipedia summary referencing Reuters).

What are the demands of ICE protests?

  • Protesters call for ending family separations, stopping racial profiling, and, in some cases, abolishing ICE entirely (Princeton Bridging Divides Initiative).
  • State-level resistance has grown: California cities including San Francisco and Santa Ana publicly declined to cooperate with federal enforcement in 2025 (Mixed Migration Centre).
The trade-off

The surge in protests reflects a widening gap between federal enforcement priorities and local public sentiment. For state officials, the choice is either cooperate with ICE or risk losing federal funding — a dilemma that has no easy answer.

The pattern: protests are not just about immigration policy but about the balance of power between federal and state governments.

What are the criticisms of ICE?

Has ICE been accused of human rights abuses?

  • Critics argue ICE engages in racial profiling and excessive force, and that detention conditions are poor (American Immigration Council).
  • In March 2025, DHS eliminated its Office for Civil Rights and Civil Liberties, a move the American Immigration Council called a step away from accountability (American Immigration Council).
  • ICE’s expanded surveillance tools can reportedly be used not only for deportation enforcement but also against people who oppose ICE actions (Brennan Center for Justice).
What to watch

With fewer internal guardrails and broader surveillance powers, the risk of civil liberties violations — including against U.S. citizens — has grown. The elimination of the civil rights office removes a key channel for complaints.

The implication: oversight gaps make it harder to hold ICE accountable.

What’s next for ICE?

Will ICE be restructured or abolished?

  • While calls to “Abolish ICE” peaked during the Trump administration, the agency’s future remains uncertain (Princeton Bridging Divides Initiative).
  • Federal-state tensions continue to escalate — California’s refusal to cooperate and Trump’s deployment of National Guard troops signal a hardening divide (Mixed Migration Centre).
  • No major legislative reform has passed, so ICE’s core powers remain fully intact as of 2025 (ice.gov).
Bottom line: ICE continues to operate with broad authority. For undocumented immigrants, the risk of detention and deportation remains high. For citizens, the agency’s expanding tools and reduced oversight create new grounds for concern — especially if you participate in protests.

The catch: without legislative reform, the current trajectory points to more enforcement and more conflict.

Timeline signal

  1. 2003 — ICE created under DHS (ice.gov).
  2. 2025 (early) — Record immigration protests across all 50 states (Princeton Bridging Divides Initiative).
  3. June 2025 — ICE raids in LA trigger massive protests and federal-state confrontation (Mixed Migration Centre).

Confirmed facts

  • ICE is a federal law enforcement agency under DHS (ice.gov).
  • ICE was created in 2003 (ice.gov).
  • US citizens cannot be legally deported (ice.gov jurisdiction).
  • More than 700 immigration-related demonstrations occurred in early 2025 (Princeton).

What’s unclear

  • Exact number of ICE arrests annually varies by source.
  • Prevalence of wrongful detention of citizens (no official statistics).
  • Whether ICE will be restructured or abolished in the future.
  • Annual budget and employee numbers are estimates and may have changed.

Perspectives on ICE

“U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the Department of Homeland Security responsible for immigration enforcement and related investigations.”

ICE official website (mission statement)

“In early 2025, immigration-related demonstrations reached a record high across all 50 states and the District of Columbia, with 97% of events supporting immigrant rights.”

Princeton Bridging Divides Initiative (protest tracking)

“ICE can use these tools not only for deportation-related enforcement but also against people who oppose ICE actions.”

Brennan Center for Justice (civil rights analysis)

The pattern is clear: ICE remains a powerful federal tool with growing surveillance capabilities, while public opposition and state-level resistance are at historic highs. For any immigrant living in the U.S., the implication is straightforward: knowing your rights — and the limits of ICE’s authority — is no longer optional. For American citizens, the agency’s expanding reach into digital surveillance and protest monitoring means the line between targeting non-citizens and affecting citizens is increasingly blurred. For policymakers, the trade-off between enforcement speed and civil liberties has never been starker.

Related reading: What Is Climate Change? · What Is a Sole Trader

Additional sources

brookings.edu, lwv.org, tandfonline.com

Frequently asked questions

How was ICE created?

ICE was created in 2003 by the Homeland Security Act, merging the investigative and interior enforcement components of the Immigration and Naturalization Service and the Customs Service (ice.gov).

What is the role of ICE agents?

ICE agents arrest, detain, and remove non-citizens who violate immigration laws, and investigate cross-border crime (ice.gov).

Can ICE enter your home without a warrant?

In general, ICE needs a judicial warrant signed by a judge to enter a private home without consent. An administrative warrant (Form I-200) does not grant the same authority (American Immigration Council).

What should I do if ICE approaches me?

You have the right to remain silent and to not sign anything without a lawyer. It is advisable to ask if you are free to leave, and if not, request a lawyer (ACLU guidance).

Is ICE the same as Border Patrol?

No. Border Patrol is a separate agency within CBP (Customs and Border Protection), also under DHS. ICE handles interior enforcement, while CBP patrols the border (ice.gov).

How many people does ICE deport each year?

Numbers vary; official ICE statistics are released annually. In recent years, removals have ranged from 100,000 to 250,000 per year (ice.gov annual reports).

Can ICE detain legal permanent residents?

Yes, if a green card holder is convicted of certain crimes or violates immigration law, ICE can detain and seek removal (American Immigration Council).

Bottom line: ICE is a powerful federal agency that enforces immigration law, but its authority has limits. For non-citizens: know your rights, and never sign anything without a lawyer. For citizens: your protections are stronger, but the agency’s expanding tools mean you could be caught in the crossfire of immigration enforcement — especially if you speak out.



Arthur William Bennett Harrison

About the author

Arthur William Bennett Harrison

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