Excessive Force and Constitutional Violations: ICE and CBP Operations Target U.S. Citizens
- Ash A Milton
- 22 hours ago
- 16 min read

In the first year of Donald Trump's second presidential term, federal immigration enforcement operations dramatically escalated across the United States, raising serious questions about constitutional protections, civil liberties, and the boundaries of executive power. What began as targeted immigration enforcement quickly expanded into widespread operations that have ensnared U.S. citizens, resulted in deaths, and triggered legal battles over the use of military-style tactics against civilian populations.
The detention of over 170 documented U.S. citizens by Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agents as of October 2025, combined with aggressive use of tear gas, pepper balls, and other crowd-control weapons, represents an unprecedented erosion of Fourth Amendment protections. Federal courts, congressional committees, and civil rights organizations have documented a pattern of excessive force, racial profiling, and violations of due process that extends far beyond the stated mission of targeting 'criminal illegal aliens'.
This investigation examines the operations in Chicago, Minneapolis, Portland (Maine), and other cities, documenting the human cost of enforcement tactics that senior Trump administration officials have openly defended as not having 'gone far enough'.
The Scale of Citizen Detentions
Despite repeated denials by DHS Secretary Kristi Noem that federal agents have detained U.S. citizens, investigative reporting by ProPublica, NPR, and other outlets documented at least 170 cases as of October 2025 where American citizens were held against their will by immigration agents. This figure is widely acknowledged as an undercount, as the government does not track citizen detentions, and many victims fear retaliation if they come forward.
The detentions fall into two main categories.
First, more than 50 Americans were held after agents questioned their citizenship status. These individuals were almost exclusively Latino, highlighting the role of racial profiling in enforcement operations.
Second, approximately 130 Americans' including a dozen elected officials—were arrested on allegations of interfering with or assaulting federal officers. However, these charges have frequently been dismissed or never filed, with video evidence often contradicting agents' claims.
Border Czar Tom Homan acknowledged what he called 'collateral arrests' of 'many' American citizens, explaining that ICE may detain people based on their location, occupation, physical appearance, and actions. This admission directly contradicts Secretary Noem's public statements.
In late September 2025, during a single raid on a Chicago apartment building, agents detained dozens of U.S. citizens in one night alone.
The duration of these detentions varies dramatically. More than 20 citizens reported being held for over 24 hours without access to phones, lawyers, or family members. George Retes, an Army veteran, was detained for three days after being pulled from his car during a raid on a California marijuana farm. His family couldn't locate him through any law enforcement agency; their only clue was a brief call he managed to make on his Apple Watch while handcuffed.
Emmanuel Landilla, a corrections officer for Cumberland County Sheriff's Office in Maine and an immigrant from Angola, was forcefully pulled from his car by masked federal agents in January 2026. Video verified by his family shows him repeatedly identifying himself as a corrections officer while agents handcuffed him. The incident prompted Sheriff Kevin
Joyce to publicly denounce ICE's actions, calling the arrest unnecessarily harsh.

Racial Profiling and the Erosion of Fourth Amendment Rights
The Supreme Court's decision in Noem v. Vasquez-Perdomo in September 2025 lifted earlier limitations on ICE regarding the use of race as a factor in immigration sweeps. This ruling allowed agents to take into account race, language, accent, workplace, and type of employment when conducting stops, a decision that has significantly impacted Latino Americans.
A Brookings Institution study on racial profiling documented how this decision has enabled systematic targeting of Latino communities. Thomas Homan's own statements about ICE questioning people based on physical appearance in Los Angeles illustrate the explicit use of racial profiling. The American Immigration Lawyers Association notes that ICE and CBP have a documented history of racism and racial profiling among their ranks.
Justice Brett Kavanaugh stated in the Vasquez-Perdomo decision that citizens shouldn't worry about immigration sweeps. However, evidence suggests otherwise. Wilmer Chavarria, the superintendent of schools in Winooski, Vermont, and a naturalized U.S. citizen since 2018, was detained by CBP at Houston airport in July 2025 after returning from Nicaragua. Officers claimed he had no rights, questioned his marriage, and disputed his employment as an educator. His devices were searched without consent, providing officers access to sensitive student information. His Global Entry status was then revoked without explanation.
Ernesto Diaz, a 23-year-old U.S. citizen, was handcuffed and threatened with a taser by masked ICE agents in Chicago in late September 2025. Frank, whose father fought in the Vietnam War and grandfather in the Korean War, was swarmed by masked plainclothes agents at his Portland workplace who accused him of being an “overstay” even after he provided identification proving his citizenship. When he pulled out his phone to record, agents immediately handcuffed him.
Barbara Stone, a 71-year-old U.S. citizen, was detained and injured during an encounter with ICE agents at a federal courthouse in San Diego in July 2025. Nasra Ahmed was detained for two days after asking two Somali men who ICE agents were tracking to keep a door open for her.
On July 11, 2025, U.S. District Judge Maame Ewusi-Mensah Frimpong ruled that roving immigration patrols were illegal due to violating standards of reasonable suspicion and that the Trump administration was criminally denying detained U.S. citizens access to required legal counsel. Despite this ruling, the practices have continued virtually unabated.
Operation Midway Blitz: Chicago Under Siege
Operation Midway Blitz, initiated in Chicago on September 6, 2025, marks the most extensive and militarized immigration enforcement initiative in contemporary U.S. history. Named to honor Katie Abraham, a young woman who lost her life to a drunk driver illegally present in the country, the operation quickly shifted from its declared mission of targeting "criminal illegal aliens" into a broad campaign that deeply affected entire communities.
The arrival of Border Patrol Commander Gregory Bovino marked a dramatic escalation in tactics. Under his leadership, CBP agents began deploying tear gas against civilians, media, and protesters on residential streets near schools. Federal agents repeatedly violated a court order issued on October 9, 2025, by U.S. District Judge Sara Ellis that barred the use of tear gas and pepper spray against non-violent protesters unless there was an imminent threat. On October 12, agents deployed tear gas in the Albany Park neighborhood in direct violation of this order. Three days later, they did so again on the East Side, affecting Chicago police officers who were present.
The human toll was severe. A CBS News Chicago reporter was struck with a pepper ball while documenting protests at the Broadview ICE facility. WGN-TV employee Debbie Brockman was detained for seven hours after videotaping agents detaining a man and asking if they had a warrant. She later filed suit for assault and wrongful arrest. Government data analyzed through mid-October 2025 revealed that only 3% of immigrants detained during Operation Midway Blitz had convictions for violent crimes, only 15% had any criminal conviction, and 67% had only civil immigration violations.
On October 4, 2025, Marimar Martinez, a 30-year-old U.S. citizen, was shot five times (suffering seven total wounds) by Border Patrol Agent Charles Exum in Chicago. Federal prosecutors later dropped all charges against her after evidence contradicted agents' accounts of the incident.
Six days later, on October 10, Dayanne Figueroa, a U.S. citizen, paralegal, and mother, was rammed by an ICE vehicle in Chicago. Armed agents who never identified themselves forcibly dragged her from her car and detained her for hours despite her recent kidney surgery. She was released without charges.
The most controversial incident occurred on September 30, 2025, when federal agents conducted a pre-dawn raid on a South Shore apartment building. Hundreds of agents rappelled from Black Hawk helicopters and used drones, flashbang grenades, and explosives to storm the building. Officials claimed it was controlled by the Venezuelan gang
Tren de Aragua and contained guns, explosives, and drugs. ProPublica's investigation found little evidence to support these claims. Of 37 immigrants detained, no criminal charges were filed against any. The outlet identified 21 individuals and found very few had criminal records, with zero mentions of gang membership. Residents described unsafe conditions in the building but questioned the proportionality of the military-style assault.
The psychological impact on Chicago's immigrant communities was profound. The El Grito Festival celebrating Mexican Independence Day was canceled due to ICE activity. School attendance dropped in affected neighborhoods. Businesses closed. Families went into hiding. Illinois Governor J.B. Pritzker came to describe Operation Midway Blitz in extraordinary terms, as did Chicago Mayor Brandon Johnson, who signed an executive order requiring city police to wear uniforms and not masks to distinguish them from federal agents.
Chemical Weapons and Crowd Control: A Pattern of Excessive Force
The Trump administration's expenditure on chemical weapons for DHS agencies has surged significantly. An analysis of federal procurement data by Newsweek reveals that the government spent over $5 million on chemical weapons from January to November 2025—almost equaling the $6.8 million spent throughout Biden's entire four-year term and roughly eleven times the $447,555 spent during Trump's first term.
This spending has translated into widespread deployment of tear gas, pepper balls, pepper spray, rubber bullets, and flash-bang grenades against protesters, journalists, and bystanders. A Physicians for Human Rights amicus brief filed in the Ninth Circuit documented that federal agents in Los Angeles repeatedly misused these weapons in harmful and dangerous ways during summer 2025 protests. Medical experts reviewing court declarations and news reports found that agents targeted the heads and faces of journalists and protesters with rubber bullets, fired at the backs of fleeing individuals, and deployed vast quantities of tear gas when there was no evidence of threats to agents.
In Chicago, the use of chemical agents became routine. On September 19, 2025, federal agents deployed tear gas, shot pepper spray bullets, and threw flash-bang grenades at protesters outside the Broadview ICE facility. Tear gas drifted into nearby residential neighborhoods, affecting children with asthma and elderly residents. Broadview Mayor Katrina Thompson reported that the deployment of tear gas near the processing center created a dangerous situation for the community and first responders, with several Broadview police officers affected by fumes.
On January 15, 2026, the Jackson family—U.S. citizens Shawn and Destiny Jackson and their six children (ranging from 6 months to 11 years old)—were tear-gassed in their car while returning home from a basketball game in Minneapolis. Their 6-month-old infant stopped breathing and needed CPR. Three of the children were hospitalized.
Border Patrol Chief Gregory Bovino's attitude toward protesters was captured in a quote repeatedly cited in court: "You don't want to get tear gassed, then don't protest." This statement became central to legal challenges, as it suggested federal agents were using chemical weapons to suppress First Amendment activities rather than responding to genuine threats.
The legal framework governing use of force by immigration agents is murky. No single federal statute expressly governs ICE's use of crowd-control chemical agents. Instead, authority derives from general enforcement-force standards in immigration regulations (8 C.F.R. § 287.8) and component-level policies whose full texts are not uniformly public. This patchwork of guidance has allowed DHS to claim compliance with policy while courts and lawmakers question whether those policies meet constitutional standards.
In November 2025, Representatives Scott Peters, Daniel Goldman, and Raja Krishnamoorthi introduced the Stop Excessive Force in Immigration Act to restrict federal immigration agents' use of crowd munitions, align immigration enforcement with DOJ standards on use of force, and require body cameras while limiting mask use. The legislation responds to what lawmakers describe as a pattern of excessive force against non-violent civilians, immigrants, journalists, protesters, and clergy.
Fatal Shootings and the Question of Accountability

The most serious consequences of aggressive immigration enforcement have been deaths of American citizens. Operation Metro Surge in Minneapolis resulted in two fatal shootings that galvanized public opposition and triggered investigations. In addition, the case of Keith Porter is starting to be shared when it was not covered by mainstream media.
The first death occurred on December 31, 2025, when Keith Porter Jr., a 43-year-old African American father of two, was shot and killed by an off-duty ICE agent later identified as Brian Palacios in Northridge, Los Angeles. According to the Department of Homeland Security, Palacios heard gunfire near his apartment and went to investigate with his ICE-authorized firearm.
Porter's family says he was firing a newly acquired rifle into the air as part of New Year's Eve celebrations' a dangerous but longstanding practice in some areas. DHS claims Palacios identified himself as law enforcement and ordered Porter to drop his weapon, then fired defensively when Porter allegedly pointed the rifle at him and shot at least three rounds.
Porter's family and advocates strongly dispute this account. Witnesses denied that Porter aimed his weapon at anyone or posed a threat. They question why an off-duty federal immigration agent left his apartment to confront an armed civilian rather than calling local police. Civil rights leaders, including Black Lives Matter Los Angeles, have demanded that Palacios be named, arrested, and charged. They note that early LAPD reports hailed Palacios as a 'hero' while calling Porter 'the victim' an 'active shooter.' As of late January 2026, no arrest has been made. Porter was described by his mother as having "the biggest heart" and being & "a joy to be around."
In the USA, it's common for the story of a Black man being shot by law enforcement to be overlooked. The resemblance to Alex Pretti's narrative is striking.
On January 7, 2026, ICE agent Jonathan Ross shot and killed 37-year-old Renee Nicole Good, a U.S. citizen and mother of three, near 34th Street and Portland Avenue during what federal officials described as an immigration enforcement operation. Video captured by bystanders shows Ross and other federal agents approaching Good's vehicle, which was stopped in a perpendicular position partially blocking the road. As she attempted to drive away, Ross fired multiple shots into her SUV.
The death of Renee Nicole Good finally caught the mainstream media's attention to the brutality of the immigration raids.
Seventeen days later, on January 24, 2026, Alex Jeffrey Pretti, a 37-year-old U.S. citizen and ICU nurse at the VA hospital, was shot and killed by Border Patrol agents in Minneapolis. Born in Illinois, Pretti had no criminal record beyond traffic tickets. Videos showed he had been pinned to the ground and was recording ICE agents with his phone when he was shot repeatedly.
The FBI assumed control of the investigations, declining to share key evidence including Good's vehicle with state and local authorities. Minnesota Attorney General Keith Ellison and Hennepin County Attorney Mary Moriarty said they lacked access to all video footage, forensic evidence, or investigative interviews. Both announced plans to pursue independent state investigations but acknowledged that without federal cooperation, their reviews would be limited. Federal officials have not released a full investigative timeline or indicated when findings might be made public.
In a letter dated January 9, 2026, to Secretary Noem, a group of Members of Congress wrote: "This is not the first time your agents have used unnecessary force on civilians without provocation" citing a previous case from October 4, 2025, against a detainee the DOJ later dropped.
They called for an "immediate suspension of the current deployment of federal officers and agents to Minneapolis" and the initiation of a "credible investigation" into Good's death. In a letter dated January 22, 2026, Democratic lawmakers accused DHS of showing a "callous disregard for human life," referencing 53 deaths in ICE/CBP custody.
Governor Tim Walz referred to Operation Metro Surge as "a campaign of organized brutality against the people of Minnesota by our own federal government." On January 23, 2026, thousands of Minnesotans took part in a general strike called "ICE Out of MN: Day of Truth and Freedom." Despite the cold weather, The Guardian reported that tens of thousands marched through the streets of Minneapolis. Hundreds of businesses across the state closed in solidarity. Numerous priests and clergy were arrested during their protest at Minneapolis-Saint Paul International Airport.
Additional Cases of Violence Against U.S. Citizens
Beyond the fatal shootings, numerous other U.S. citizens have suffered serious violence during immigration enforcement operations in Minnesota.
On January 8, 2026, Jonathan Aguilar Garcia, a 17-year-old U.S. citizen, and Christian Miranda Romano, a teenage U.S. citizen, were both detained at a Target store in Minnesota. Despite stating they were U.S. citizens and having identification. The teenagers can be seen being brutalized by ICE agents in multiple videos take by observers.
Five days later, on January 13, 2026, Aliya Rahman, a 42-year-old U.S. citizen of Bangladeshi origin, was forcibly pulled from her vehicle in Minneapolis while trying to get to a medical appointment at a Traumatic Brain Injury (TBI) clinic for her disability. She lost consciousness while in ICE custody after being denied medical care.
On January 19, 2026, ChongLy Scott Thao, a 56-year-old naturalized U.S. citizen, was held at gunpoint in his underwear in freezing temperatures after ICE agents broke into his Minnesota home without a warrant. He was detained and fingerprinted before being released after confirmation of his citizenship. The invasion of his home represents a clear Fourth Amendment violation that has yet to result in any accountability for the agents involved.
ChongLy Scott Thao was originally alleged by the U.S. Department of Homeland Security to be living with two convicted sex offenders, which DHS used to justify an ICE raid on his St. Paul home on January 19, 2026. However, this claim has been disputed and appears to be debunked.
Thao's family categorically disputes the DHS account and strongly objects to what they describe as false and misleading claims. According to Thao and his family, only he, his son, daughter-in-law, and grandson live at the residence, and none of them are listed in Minnesota's sex offender registry. The nearest registered sex offender lives more than two blocks away. DHS has not provided evidence supporting its claim about sex offenders residing at Thao's address, and did not respond to requests for the identities of the alleged offenders or why the agency believed they were present in Thao's home.
Maine The Latest Front and Portland Part II
In late January 2026, ICE initiated "Operation Catch of the Day" in Maine, focusing on the immigrant communities in Portland and Lewiston. The operation, which officials stated targeted approximately 1,400 individuals, led to over 100 arrests in its first week. Maine Governor Janet Mills criticized the operation as "reckless," asserting: "In America—and in Maine—we don’t support secret arrests or secret police. Mainers understand what effective law enforcement looks like. They follow strict rules and training, and they don’t wear masks."
Video shared on social media depicted a Portland mother of four from the Democratic Republic of the Congo being arrested right after dropping her child at the school bus. Portland City Councilor Pious Ali expressed his concern, saying he couldn’t forget the scene: "Imagine if this woman had no one to pick up the kids?" School attendance plummeted, and Somali-owned businesses closed temporarily, displaying signs that read "We are temporarily closed until further notice" on their doors.
An informal support network quickly developed. Neighbors kept watch for ICE agents, sharing photos of unmarked vehicles on social media. Portland resident Greg Keenan talked about "ICE fishing"—tracking suspected agent vehicles and documenting their attempts to enter buildings. A contractor denied agents entry into an apartment building, showing his middle finger behind the locked door. Churches provided thousands of food boxes to families in hiding.
Senator Angus King mentioned that he was mostly unaware of ICE's plans, arrest numbers, and targets. The Department of Homeland Security offered limited information, only identifying four arrested individuals with prior convictions from Angola, Guatemala, Sudan, and Ethiopia. Portland Mayor Mark Dion questioned "the necessity of a paramilitary approach to enforcing federal laws," voicing concerns about methods that "seem to threaten and intimidate communities."
False Claims and Manufactured Charges
A disturbing pattern has emerged of federal agents making false or exaggerated claims about U.S. citizens to justify arrests. The Guardian found most cases and proceedings filed by Trump immigration officials against U.S. citizens to be false and misleading, with many subsequently dismissed. The New York Times reported instances where Trump immigration officials falsely stated a citizen attacked an immigration official and initiated a foot chase, but video evidence revealed none of it happened. The administration proceeded with prosecution regardless.
Out of the roughly 130 Americans arrested on accusations of assaulting or obstructing officers, nearly 50 cases identified by ProPublica either had no charges filed or were dismissed. Among those whose charges did not hold, masked agents aimed a gun at, pepper-sprayed, and hit a young man who had recorded them while they searched for his relative.
Kenny Callaghan, apprehended on January 7, 2026, while watching protests near the site where ICE agent Ross shot Renée Good, reported that agents asked him, "are you afraid yet?" and commented, "well, you're white, you wouldn't be fun anyway." He was released after 30 minutes without any charges. The incident highlights how citizens trying to exercise their First Amendment rights to observe law enforcement encounter retaliation.
DHS released a statement attempting to rebut reporting about citizen detentions, but the agency's own responses often confirmed the basic facts while disputing characterizations. For instance, DHS acknowledged George Retes was detained but claimed he became violent and refused to comply, which he denies and for which he was never charged. The pattern suggests systematic documentation problems or deliberate misrepresentation by federal agents.
Congressional Oversight and Legal Challenges
In October 2025, Senate Permanent Subcommittee on Investigations Ranking Member Richard Blumenthal and House Oversight Committee Ranking Member Robert Garcia sent a letter to Secretary Noem requesting comprehensive information about citizen detentions. They asked for the total number of U.S. citizens detained since January 20, 2025, a list of all citizens held for more than 24 hours, and explanations for the increasing use of disproportionate force.
A December 2025 Senate report documented how despite possessing minimal legal authority to detain U.S. citizens, ICE and CBP officials have repeatedly held citizens for extended periods while refusing to consider evidence of their citizenship, often based on explicit racism. The report noted that agents frequently claim they have been assaulted by citizens' claims which on their face strain credulity and are often directly refuted by video evidence.
Federal courts have issued multiple restraining orders and preliminary injunctions. In Chicago, Judge Sara Ellis issued orders restricting use of tear gas and pepper spray, requiring two warnings before deployment, and setting strict limits on when force could be used. In Los Angeles, a federal judge found that agents’ use of force has been and would continue to be disruptive to both peaceful protest and media coverage, granting a preliminary injunction in September 2025.
In Minnesota, a federal appeals court put a hold on a lower court order that had restrained federal agents' use of force against peaceful protesters, illustrating the ongoing legal battles. The National Immigrant Justice Center has filed multiple suits challenging warrantless arrests and violations of the Castañon Nava consent decree. The organization reports that approximately 1,100 people who may have been eligible for release have already been deported or accepted voluntary departure to avoid prolonged detention.
Expansion of the Detention System
The American Immigration Council released a report in December 2025 documenting unprecedented expansion of immigration detention. The number of people held in ICE detention rose nearly 75 percent in 2025, climbing from roughly 40,000 at the start of the year to 66,000 by December the highest level ever recorded. With Congress authorizing $45 billion in new detention funding, the system could more than triple in size
over the next four years.
There has been a dramatic shift in who is being detained. Arrests of people with no criminal record surged by 2,450 percent in Trump's first year, driven by increases in at-large arrests, roving patrols, worksite raids, and re-arrests of people attending immigration court hearings. The percentage of people arrested by ICE and held in detention with no criminal record rose from 6 percent in January to 41 percent by December 2025.
More people died in ICE detention in 2025 than in the previous four years combined. For the first time ever, thousands of immigrants arrested in the interior are being detained in hastily constructed tent camps, where conditions are brutal. New policies have made prolonged, indefinite detention the norm, stripping millions of people of the right to have a bond hearing where they can make a case for release into their community while their immigration case is under review.
Conclusion: A Constitutional Crisis in Real Time
The events of 2025 and early 2026 represent more than aggressive immigration enforcement. They constitute a systematic erosion of Fourth Amendment protections, First Amendment rights, and due process guarantees that have been cornerstones of American democracy. The detention of over 170 U.S. citizens (as documented through October 2025), the deaths of Renee Nicole Good and Alex Jeffrey Pretti, the shooting of Marimar Martinez, the deployment of military-style tactics against civilian populations, and the use of chemical weapons against protesters and journalists mark a dangerous expansion of executive power.
Federal courts have repeatedly found that these tactics violate the Constitution.
Congressional investigations have documented false claims, manufactured charges, and racial profiling. Medical experts have shown that crowd-control weapons are being misused in ways that cause serious injury and death. Yet enforcement operations continue and expand, backed by historic funding increases and presidential directives to escalate.
The question facing America is whether these enforcement tactics represent a temporary aberration or a permanent shift in the relationship between citizens and their government. Communities in Chicago, Minneapolis, Portland, Los Angeles, and dozens of other cities have already experienced the answer. Parents fear dropping their children at school. Workers avoid their jobs. Legal residents carry photocopies of documents at all times. Citizens observing law enforcement face detention and assault.
Sources and Documentation
This article draws on the following sources:
ProPublica, CBS News Chicago, NPR, The Guardian, and other News Sources.
Additional sources include statements from DHS, ICE, and CBP officials; video documentation from multiple news organizations; social media posts from government officials; and eyewitness accounts from detained citizens, their families, and legal representatives.