FIRST LOOK: Jayapal Bill Would Bar ICE from Detaining or Deporting U.S. Citizens
Legislation follows reports of wrongful arrests under Trump administration immigration enforcement (full bill text attached)
WASHINGTON — In response to a disturbing rise in wrongful immigration enforcement actions against American citizens, Rep. Pramila Jayapal (D-WA) has introduced legislation that would bar U.S. Immigration and Customs Enforcement (ICE) from using federal funds to detain or deport U.S. citizens.
The bill, titled the Stop ICE from Kidnapping U.S. Citizens Act, was introduced Tuesday in the House and directly targets what Jayapal calls a “pattern of unconstitutional and deeply traumatic errors” under the renewed Trump administration immigration crackdown.
“The Constitution is clear — U.S. citizens cannot be detained or deported under immigration law,” Jayapal said in a statement. “And yet ICE has repeatedly violated that basic principle. This bill ensures those abuses stop immediately.”
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Under the proposed legislation, ICE would be prohibited from using any federal funds to:
Detain a U.S. citizen during civil immigration enforcement, or
Transport a U.S. citizen outside the United States under the guise of immigration law.
The bill's language is blunt:
“Notwithstanding any other provision of law, no Federal funds made available to U.S. Immigration and Customs Enforcement may be used... to detain a citizen of the United States or transport a citizen... outside of the United States.”
Jayapal, the ranking member of the House Judiciary Subcommittee on Immigration, said the bill is a necessary safeguard in light of recent enforcement incidents that civil rights advocates describe as both illegal and traumatic.
Wrongful Detentions on the Rise
Although current ICE policy and federal law prohibit the detention or removal of U.S. citizens, numerous cases have emerged in which Americans — including minors, military veterans, and disabled individuals — have been mistakenly apprehended, sometimes for days or weeks at a time.
Among the cases cited by lawmakers and civil rights groups:
A 19-year-old U.S. citizen was held for 10 days after approaching a Border Patrol agent for medical help without ID.
Two U.S.-born children were deported to Honduras after their undocumented mother was detained.
A disabled U.S. veteran in California was swept up in a workplace raid and held for three days despite proving his citizenship.
In each instance, ICE either failed to verify citizenship status before detention or ignored documentation presented by the individuals and their families.
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A Legal Line Already Drawn — and Repeatedly Crossed
Federal law is unambiguous: U.S. citizens cannot be subject to civil immigration enforcement, which applies only to noncitizens. ICE’s own guidance prohibits agents from asserting civil immigration authority over U.S. citizens.
But enforcement failures have persisted — and, according to lawmakers and watchdog groups, accelerated since President Trump’s return to office in January 2025. The Trump administration has made aggressive immigration enforcement a cornerstone of its second-term agenda, reviving controversial tactics and expanding ICE’s discretion.
Building in Accountability
Jayapal’s legislation would not create new rights for U.S. citizens — those rights already exist. Rather, it uses Congress’s power of the purse to explicitly bar ICE from using taxpayer dollars to carry out unconstitutional actions.
The bill would also provide Congress and the public with a clearer statutory lever to hold ICE accountable if violations occur.
More than 30 House Democrats have co-sponsored the legislation, including Reps. Yassamin Ansari (D-AZ), Jesús "Chuy" García (D-IL), Judy Chu (D-CA), Rashida Tlaib (D-MI), and Jamie Raskin (D-MD). In a joint letter, the co-sponsors wrote:
“We cannot tolerate a system where the federal government wrongfully kidnaps its own citizens. No American should live in fear of being ripped from their home by mistake.”
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Long Odds in a Republican-Controlled House
The bill is expected to face steep resistance in the GOP-controlled House. Republican lawmakers have largely defended ICE’s enforcement actions and resisted previous attempts to limit agency discretion. No hearing has yet been scheduled.
The Trump administration has not publicly commented on the bill, though senior immigration officials have previously downplayed the scope of wrongful detentions and argued that safeguards are already in place.
Still, Jayapal and her allies insist that Congress must act. “A government that mistakenly detains its own citizens is not just dysfunctional,” she said. “It is dangerous.”
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