Is ICE detention considered an arrest in the US?

Yes, being detained by ICE (U.S. Immigration and Customs Enforcement) is considered a form of civil detention, not a criminal arrest. Here’s a clear breakdown:

1. Is being detained by ICE considered an arrest?

• Not exactly. ICE detention is a civil matter related to immigration laws, not a criminal one.

• It’s different from being arrested for committing a crime. However, ICE can arrest someone for violating immigration laws, such as overstaying a visa or entering the U.S. illegally.

2. Can ICE detain someone without evidence or reason?

• No, they cannot legally detain someone without reasonable cause.

• ICE must have probable cause or reasonable suspicion that a person is in the U.S. unlawfully.

• In some cases, ICE can issue what's called a detainer or administrative warrant, which does not require a judge’s approval like a criminal warrant does, but it must still be based on immigration law violations.