How a U.S. Citizen’s Detention During New Jersey’s ICE Raid Highlights Growing Worries in Immigrant Communities

How a U.S. Citizen’s Detention During New Jersey's ICE Raid Highlights Growing Worries in Immigrant Communities

The sweep came without much warning. Immigration and Customs Enforcement agents stormed a Newark seafood store, detaining workers — some undocumented, some lawful residents, and at least one U.S. citizen. Officials later confirmed that ICE had, in fact, detained a U.S. citizen. The agency refused to release further details.

According to Nexstar’s WPIX, Luis Janota, a U.S. military veteran, was among the people detained. Janota, who is the store owner, said 10 or 12 ICE agents entered the retail area after receiving complaints, and were looking for documentation. Even though he is a U.S. citizen by default because of his Puerto Rican heritage, they did not ask for anyone specific, he said.

What Does This Mean

The fear gripping immigrant communities now extends to those with legal status and even U.S. citizens.

Newark Mayor Ras J. Baraka denounced the raid as a constitutional violation. “One of the detainees is a U.S. military veteran who suffered the indignity of having the legitimacy of his military documentation questioned,” he said in an official statement. “Newark will not stand by idly while people are being unlawfully terrorized.”

However, the outrage may do little to slow ICE’s efforts. In a single day, the agency reported 538 arrests and 373 detainers nationwide, as of the writing of this article. The Newark raid was just one of many.

A Disturbing Pattern

For many, this isn’t new. Immigration enforcement agencies have long operated with little accountability, and wrongful detentions of U.S. citizens have been happening for years.

Between 2015 and 2020, at least 70 U.S. citizens were deported, according to the Government Accountability Office. ICE mistakenly arrested 674 people who had claims to U.S. citizenship, detained 121, and ultimately deported dozens. The actual numbers are likely higher — ICE and Customs and Border Protection (CBP) do not keep reliable records of wrongful arrests and deportations.

Faulty databases and inconsistent training have allowed these mistakes to continue. Officers are supposed to consult a supervisor when questioning someone who claims U.S. citizenship. But ICE training materials give officers the freedom to make those decisions alone, leaving room for catastrophic errors.

The agency’s data systems further complicate the issue. Officers must document citizenship investigations in ICE databases but are not required to update a person’s status if they later confirm citizenship. In effect, the system traps people in an immigration net from which they cannot escape.

From 2002 to 2017, ICE mistakenly identified at least 2,840 U.S. citizens as removable. More than 200 were detained. Some, like Davino Watson, spent years in custody.

Watson, a U.S. citizen from New York, was locked in an Alabama detention center for three years. He had no attorney. He repeatedly told ICE he was a citizen, but the agency refused to investigate. He was eventually released but received no compensation for the ordeal. A court ruled that the statute of limitations had expired.

Others have been days away from deportation.

Peter Sean Brown, a U.S. citizen born in Philadelphia, was arrested in Florida on a probation violation in 2018. ICE flagged him as a deportable Jamaican national. Monroe County Sheriff’s deputies mocked him in a Jamaican accent. They ignored his pleas and held him for ICE.

It wasn’t until he reached an ICE detention center in Miami that an agent agreed to look at his birth certificate. A single document was all it took to stop his deportation. Had that officer not taken a second look, Brown could have been sent to a country he had only visited once on a cruise.

Racial Profiling and the American Accent

For people who do not “look American” or who speak with an accent, the risks are even greater. ICE and CBP have a documented history of racial profiling, disproportionately targeting Black and Brown communities.

The line between citizen and non-citizen becomes dangerously thin when enforcement officers operate under broad assumptions. In these cases, proving citizenship isn’t just a matter of having legal status — it’s about whether an officer believes you.

I know this reality firsthand. I am a U.S. citizen, born in Colombia. My accent and appearance mean I am always at risk of being asked to prove it. I carry a photo of my U.S. passport at all times, just in case. I tell others to do the same.

For those who may one day face an encounter with ICE, preparation is critical.

What to Do If ICE Is Near — Even If You Are a U.S. Citizen

  1. Do Not Open the Door
    ICE agents cannot enter your home without a judicial warrant signed by a judge. They often carry administrative warrants, which do not grant them the right to enter. Ask them to slip the warrant under the door or hold it up to a window.
  2. Remain Silent
    You have the right to remain silent. You do not have to answer questions about your immigration status. Anything you say can be used against you.
  3. Do Not Sign Anything
    ICE may pressure you to sign documents waiving your rights. Do not sign anything without consulting an attorney.
  4. Ask to Speak to a Lawyer
    If detained, request an attorney immediately. If you are a U.S. citizen, tell them clearly: I am a U.S. citizen. I want to speak to an attorney.
  5. Keep Copies of Your Documentation
    If you are a citizen or lawful resident, carry copies of your passport, naturalization certificate, or green card. Store digital copies in a secure place.
  6. Know Your Emergency Contacts
    Memorize the phone numbers of trusted contacts and attorneys. Keep a written list in case your phone is taken.
  7. Record the Encounter
    If possible, document interactions with ICE. Take photos, record videos, or write down badge numbers. This can serve as evidence if your rights are violated.

Legal Resources

If you or someone you know is detained, contact:

Knowing your rights is not just a safeguard for non-citizens—it’s a necessity for anyone who could be mistaken for one. The past has shown that ICE makes mistakes. And, for many, those mistakes come at the cost of their freedom.

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