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Attorney: U.S. Citizens held in immigration custody

FILE

Immigration and Customs Enforcement's mission statement is to secure our nation’s borders and the people who live inside, but what if a citizen is in custody?

It's not uncommon for ICE agents to detain U.S. citizens.

Ice does not have jurisdiction to hold united states citizens.

But according to an investigation done by the L.A. Times, since 2012, more than 1,400 U.S. citizens were released from ICE custody.

ICE has a policy where deportation officers act like case managers for people who are detained.

Immigration attorney Jodie Goodwin told CBS 4 she has dealt with numerous cases about these types of situations over the years.

"In other words [ICE] need to investigate that claim of U.S. citizenship and to make a determination as to whether that person likely is or likely is not a U.S. citizen. Obviously if they are a U.S. citizen they are to release them."

Getting released from custody is difficult without representation.

Goodwin explained that without someone communicating the actual claim of citizenship to ICE, it could take some time before the claim is looked at.

ICE has a policy where its officers need to have probable cause that someone isn't a citizen before putting them into custody.

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