ICE mistakenly detains U.S. citizen in Evanston, Illinois
Federal immigration agents briefly held a local resident who was later identified as a U.S. citizen, causing injuries and prompting an investigation by Evanston police.
Evanston police responded to a report of an altercation at about 9:49 a.m. on September 20 and found a man on the ground with bystanders assisting him. The individual, who was later confirmed to be a U.S. citizen, sustained injuries to his head, neck and teeth after Immigration and Customs Enforcement (ICE) agents attempted to detain him, believing he resembled a target they were seeking.
A Department of Homeland Security spokesperson said ICE agents “encountered an individual who resembled the target” and that the man “was given lawful commands but was not cooperative and refused to identify himself.” The agents left the scene after the man finally identified himself, according to the agency’s statement.
"ICE has authority for lawful arrests where authorized under 8 USC 1357. Law enforcement officers use ‘reasonable suspicion’ to investigate immigration status and probable cause to make arrests consistent with the statute and the Fourth Amendment to the U.S. Constitution," a DHS spokesperson told CNN.
Evanston police are preserving body-camera footage and interviewing witnesses. The city’s mayor confirmed the man received treatment for minor injuries at Saint Francis Hospital, and the police chief met with him at the hospital. One officer reported seeing blood on an agent’s hands, which the agent attributed to an injury he sustained while attempting the detention.
Witness video shows two agents in plain clothes and a vest marked “POLICE” restraining the man before releasing him. In the recording, the man can be heard shouting, “I’m a US citizen,” and telling the agents not to touch him. Bystanders rushed to his aid after the agents departed.
Legal experts noted that ICE’s authority to make civil immigration arrests requires probable cause that a person is undocumented and likely to flee, and that a person detained without proper justification may seek relief under the Federal Tort Claims Act.