Deportation and detention of American citizens in the second Trump administration

During the second Trump administration, there has been an increased effort to detain and deport undocumented immigrants. Through these efforts, a number of American citizens have been falsely detained or deported by U.S. Immigration and Customs Enforcement (ICE). Some of these citizens were briefly questioned, while others have been jailed or been deported.^[1] As stated by the magazine New York, "It’s not a matter of if U.S. citizens are getting caught up in President Donald Trump’s immigration crackdown and mass-deportation efforts but, rather, how and how many."^[1] The actions of the Trump administration against American citizens "have alarmed attorneys, civil rights advocates and immigration scholars who say they reveal the dangers of a system accelerating with few safeguards."^[2]

Notable cases include: the deportation of 4-year-old and 7-year-old American citizens, the deportation of a 2-year old American citizen (identified as "VML"), the detention of Jose Hermosillo, the detention of Juan Carlos Lopez-Gomez, detention of Julio Noriega, detention of Jensy Machado, deportation of a 10-year-old cancer patient along with her family, the detention and questioning of "[n]umerous [i]ndigenous people in the Southwest", and detention of a "Puerto Rican U.S.-military veteran."^[1][2]

Position on deporting U.S. citizens under Trump administration

Trump has stated "his administration is trying to find 'legal' ways to ship U.S. citizens" to CECOT. ^[3][4][5] During President Bukele's White House visit where the two discussed Abrego Garcia, Trump told Bukele "Home-growns are next. The home-growns. You gotta build about five more places. It’s not big enough."^[6][7]

The issue was first raised when U.S. and El Salvador formed an agreement to house people of any nationality in CECOT. Bukele extended the offer to convicted criminals serving their sentence in the United States who are U.S. citizens or legal residents. He confirmed the statement on X, saying he offered the U.S. "the opportunity to outsource part of its prison system".^[8] The U.S. government cannot deport American citizens,^[9] and Secretary of State Marco Rubio said that "Obviously we'll have to study it on our end. There are obviously legalities involved. We have a Constitution, we have all sorts of things",^[10] while calling it "a very generous offer", noting "No one's ever made an offer like that" and that it would cost a fraction of imprisoning criminals in the U.S.^[3] He said that "obviously the administration will have to make a decision."^[9]

Trump said he was looking into whether he could move forward with the offer, telling reporters "I'm just saying if we had a legal right to do it, I would do it in a heartbeat" and "I don't know if we do or not, we're looking at that right now."^[3][11] Asked about the cost of incarcerating American prisoners in other countries, Trump said it would be a "small fee compared to what we pay to private prisons", that several countries had already agreed to host American prisoners, and that "It's no different than a prison system except it would be less expensive and it would be a great deterrent."^[11] Elon Musk called the proposal a "Great idea!!" on X.^[8] Rubio in his remarks specified that this would apply to dangerous criminals; Politico noted that meanwhile, Bukele said on X that El Salvador would gladly take U.S. ex-senator Bob Menendez, who was serving an 11-year prison sentence for bribery but who was not a violent criminal.^[11]

Trump later suggested on Truth Social that the "sick terrorist thugs" responsible for the recent vandalism of Tesla property could be sent to Salvadoran prisons, "which have become so recently famous for such lovely conditions".^[12] Ahead of Bukele's White House visit, Trump confirmed that they would discuss sending Americans to El Salvador's prisons,^[13] giving his stance as "I love it" and that he would be honored, but that he'd have to see what the law says, "but I can't imagine the law would say anything different... If they can house these horrible criminals for a lot less money than it costs us, I'm all for it."^[5]

Politico cited Insha Rahman, vice president of advocacy in the Vera Institute of Justice, as saying there's no precedent to send U.S. citizens outside the country to serve sentences in other countries; "It is so beyond the pale of anything contemplated by the Constitution or due process or the criminal courts." Lauren-Brooke Eisen, the senior director of the justice program at the Brennan Center for Justice, told Politico in a statement that the Eighth Amendment to the U.S. Constitution prohibits cruel and unusual punishments such as excessive sentences or inhumane prison conditions, and that deporting Americans would be illegal under the First Step Act, which requires that the federal government send those convicted of federal crimes to "a facility as close as practicable to the prisoner's primary residence, and to the extent practicable, in a facility within 500 driving miles of that residence".^[4]

The BBC noted that while U.S. citizens enjoy legal protection from deportation, it is possible for naturalized citizens to be denaturalized. This tends to happen when the citizenship was fraudulently obtained, but citizens suspected of ties to criminal gangs or terrorist organizations, such as Tren de Aragua or MS-13, could, in theory, be stripped of citizenship. They would then be at risk of deportation, although such a move would need a formal court process. Citizens born in the U.S. cannot be denaturalized.^[14]

Deportations

Unidentified 4 and 7-year-old siblings

A 7-year-old girl and her 4-year-old brother, who has stage 4 cancer, were deported from the United States to Honduras with their mother, despite both children being American citizens, on April 25, 2025.^[15][16][17]

Overview

On April 24, 2025, the children travelled with their mother, as well as their lawyer, to a routine check in with Immigration and Customs Enforcement (ICE) in Saint Rose, Louisiana.^[18][19] The three of them were detained before they could speak with their lawyer, and were then deported to Honduras the next day.^[19] The children's mother was not permitted to speak with an attorney or family members prior to their deportation, despite trying to do so.^[20][21]

According to an attorney for the family, the children's mother was told the check with ICE was to photocopy the children's passports; as such they wore their school uniforms as they expected to return to school once the appointment was over.^[22] The attorney went on to say that she was not permitted to see the two children or their mother, and was informed they had been detained, stating "I want to be clear — they sequestered her from me."^[22]

As such, the 4-year-old, who has stage 4 cancer, did have his cancer medication with him, and was not permitted to access it.^[23][21][20] ICE was aware of the 4-year-old's cancer diagnosis and that he was undergoing treatment prior to his deportation.^[21]

Attorneys for both the mother and the children insisted that the children were, in fact, deported illegally. The attorneys provided evidence that demonstrated that their mother, "their families and their attorneys had little to no chance to make arrangements for their children."^[20][23]

4-year-old and 7-year-old's mother

The mother of the 4-year-old and 7-year-old United States citizens crossed into the United States at the age of 13 and claimed asylum at the border. She was ordered to be deported because she missed an appointment with immigration officials. According to her attorney, she never received notice of the appointment.^[24]

Reactions

Tom Homan, President Donald Trump's "border czar", insinuated that the children are anchor babies, commenting that "Having a U.S. citizen child after you enter this country illegally is not a get-out-of-jail free card."^[19] Homan — when speaking about these children as well as the deportation of VML — insisted that the children's mother requested their children be removed from the country, and said it was preferable to keep the families together.^[20][25]

Secretary of State Marco Rubio said that "the children weren’t deported but 'went with their mothers,' adding that as citizens they could come back if there's someone in the United States who 'wants to assume them.'"^[26][21]

VML

VML is a 2-year-old American citizen who was deported to Honduras with her mother in April 2025.^[27][26][28]

Overview

VML, referred to by her initials in court documents to protect her privacy, was born in Baton Rouge, Louisiana, in 2023.^[29] On April 22, 2025, her mother who is a Honduran citizen, was asked to bring her children with her when attending a check in with Immigration and Customs Enforcement (ICE).^[30][26] During the check in, VML, her 11-year old sister, and their mother who is pregnant, were detained and quickly deported.^[21][31] VML's mother was ordered to be deported because — according to her lawyer — she had been kidnapped while waiting in Mexico to immigrate to the United States and wasn't released by her kidnappers until after her appointment had passed.^[32]

VML's father alleges in court filings that between the time of her detention and deportation, he reached out to ICE and was told that he could attempt to pick up his daughter, but that he would also be "taken into custody" if he did so.^[33]

At a court hearing, U.S. District Judge Terry Doughty highlighted deportation of a United States citizen is "illegal and unconstitutional," that he has a "strong suspicion that the Government just deported a U.S. citizen with no meaningful process."^{[29][34][35][36]} Judge Doughty ordered a hearing on the matter for May 16, 2025.^[37]

Reactions

The executive director of ACLU of Louisiana said, of the deportation of VML and two other young children who are American citizens, "Once again, the government has used deceptive tactics to deny people their rights. These outrageous actions must be condemned. We as a nation are better than this. These families deserve better. They must be returned."^[38]

Tom Homan, President Donald Trump's border czar, suggested to that VML is an anchor baby, stating "Having a U.S. citizen child after you enter this country illegally is not a get-out-of-jail free card."^[39] Homan — when speaking about VML as well as the deportation of a 7-year-old girl and her 4-year-old brother — insisted that the children's mothers requested their children be removed from the country, and said it was preferable to keep the families together.^[40][26]

Secretary of State Marco Rubio said that "the children weren’t deported but 'went with their mothers,' adding that as citizens they could come back if there's someone in the United States who 'wants to assume them.'"^[41][26]

Detentions

Jose Hermosillo

Jose Hermosillo is an American citizen^[42] who was wrongfully detained for 10 days for entering the United States illegally, despite not having done so. Hermosillo, who has intellectual disabilities,^[43] was born and raised in New Mexico, and detained while on a trip to Arizona.

Arrest and detention

On April 8, 2025, Hermosillo was arrested by the United States Customs and Border Patrol in Tucson. Court documents incorrectly state that he was arrested in Nogales, Arizona; an affidavit posted on X by the Department of Homeland Security correctly states the arrest occurred in Tucson.^[44][45][46] Hermosillo stated after his release that he's never been to Nogales.^[46]

Hermosillo lives in Albuquerque, New Mexico and was in Arizona with his girlfriend visiting her family in Tucson.^[47][48] Hermosillo was walking around and may have become lost; he was arrested while walking near the Border Patrol headquarters for illegally entering the country despite not having done so.^[48][49]

Upon learning of his detention in Florence Correctional Center, a privately owned prison in Florence, Arizona, a member of Hermosillo's girlfriend's family drove to the facility with Hermosillo's Social Security card and birth certificate but was not given any information or allowed to effectuate his release.^[48]

The criminal complaint against Hermosillo stated that Hermosillo claimed he is a Mexican citizen, had entered the country illegally through Nogales, and was planning to stay for 20 years to work.^[44] According to an anonymous DHS official, Hermosillo then signed a statement with those facts.^[50] Hermosillo's family and girlfriend say that he has a learning disability and is illiterate.^[49] The charging document states that Hermosillo either read the document or had it read to him, but Hermosillo states that it was never read to him.^[45]

According to Hermosillo, the Border Patrol's version of events is false. He says that he was treated at a hospital after having a seizure and did not have his state ID card with him when he was taken there by ambulance. He says that he got lost after being released. He says he approached a police officer for help, and that he responded "New Mexico" when asked where he was from. The officer, who worked for the Border Patrol, responded "Don’t make me [out] like [I’m] stupid. I know you’re from Mexico" and arrested him, according to Hermosillo. He says that he told prison staff that he was a US citizen several times, and was told "call your lawyer". He denies that ICE officers read him the document that he signed with his first name.^[51]

Release

Hermosillo was detained for a total of ten days before being released April 17.^[44] In an interview after his release, Hermosillo stated that "They were saying I’m from Mexico, but I’m a U.S. citizen."^[49]

Arizona Attorney General Kris Mayes is investigating why Hermosillo was detained; her office has requested information about the incident from Immigration and Customs Enforcement.^[44][50] She said "It is wholly unacceptable to wrongfully detain U.S. citizens".^[50]

Juan Carlos Lopez-Gomez

Juan Carlos Lopez-Gomez is an American citizen who was arrested during a traffic stop and detained at the request of U.S. Immigration and Customs Enforcement (ICE) because the arresting officer believed he entered the State of Florida as an undocumented non-citizen. He was detained for approximately 24 hours. He was born in Georgia, and the law under which he was detained had been temporarily blocked from enforcement by a federal judge.

Arrest

On Wednesday, April 16, 2025, Lopez-Gomez, a US citizen born in Georgia, was traveling from Georgia to Florida for a construction job along with two other people.^[52][53] Their car was pulled over for a traffic stop by the Florida Highway Patrol for allegedly driving 13 mph over the speed limit in a 65 mph zone. He, along with the driver and an additional passenger, were arrested and each charged with allegedly entering Florida as an "unauthorized alien" under Florida law SB 4-C.^[54][55]

The arrest report states that Lopez-Gomez said he was in the country illegally. Lopez-Gomez "insists he told the trooper he was a U.S. citizen born in Georgia, handed over his Social Security card and Georgia ID."^[56]

Detention

Both Lopez-Gomez's mother and his community advocate presented Lopez-Gomez's birth certificate to Leon County Judge LaShawn Riggans, who deemed the birth certificate to be authentic, but said that there was nothing she could do to let him out of jail, despite finding no probable cause to hold Lopez-Gomez.^[54][55]

Lopez-Gomez was detained in the Leon County Jail until he was released on April 17.^[52][57][54] The Florida Phoenix reported that the driver was being held by ICE.^[53]

Impact

Alana Greer of the Community Justice Project — a Florida immigration advocacy group — described the experience as "A series of horrors," and said that "No one should have been arrested under this law, let alone a US citizen."^[58]

Lopez-Gomez's attorney stated that this case is "a prime example of why everyone should care, because if it happens to Mr. Lopez-Gomez, a US-born citizen, it can happen to anyone."^[58]

Julio Noriega

In January 2025, a Chicago man was arrested by ICE and was detained for several hours at an ICE processing center until government officials checked his wallet and determined he was actually an American citizen.^[59]

Jensy Machado

In March 2025, Jensy Machado was stopped and detained while driving to work by ICE. Machado was apparently detained due to a case of mistaken identity and released after officials viewed his driver's license.^[60]

Navajo Nation

The Navajo Nation stated that in January 2025 "at least 15 Indigenous people in Arizona and New Mexico" had been questioned, detained, or asked to provide proof of citizenship by federal law enforcement during immigration raids.^[1]

Puerto Rican U.S.-military veteran

On January 23, 2025, a U.S. military veteran from Puerto Rico was detained briefly after a raid at his workplace in a seafood warehouse by federal officials in Newark, New Jersey.^[1]

Leonardo Garcia Venegas

In May 2025, American-born citizen Leonardo Garcia Venegas was detained in a vehicle following an immigration raid in Foley, Alabama. He was subsequently released after giving authorities his Social Security number. Garcia's brother, who is not a U.S. citizen, was arrested during the raid. According to Garcia and his cousin, the authorities conducting the raid saw Garcia's REAL ID and called it fake before detaining him.^[61]

See also

• Activist deportations in the second Trump presidency
• Deportation of Americans from the United States