Key Takeaways
• The 2025 Gonzalez v. ICE settlement mandates neutral review before ICE detainers can be issued.
• ICE must notify local law enforcement but cannot detain individuals without proper legal checks.
• Individuals subject to ICE detainers have the right to receive the detainer form and challenge detention.
A major legal settlement in 2025 is reshaping how U.S. Immigration and Customs Enforcement (ICE) handles detainers, especially in cases involving U.S. citizens. This change follows years of controversy and legal battles over wrongful detentions, including high-profile incidents from 2018 where U.S. citizens were mistakenly held by ICE. The Gonzalez v. ICE settlement, finalized in March 2025, now requires ICE to follow strict procedures before asking local law enforcement to hold anyone for immigration purposes. These reforms aim to prevent future mistakes and protect the rights of all individuals, especially U.S. citizens, who have previously been caught up in ICE’s enforcement system.
What Happened: The Lead-Up to the 2025 Settlement
In 2018, several U.S. citizens were wrongfully detained by ICE. These incidents drew national attention and sparked lawsuits, public protests, and calls for reform. Many people were shocked to learn that U.S. citizens could be held by immigration authorities, often for days or even weeks, due to errors in ICE’s identification and detainer processes. These mistakes exposed serious flaws in how ICE issued detainers—requests sent to local police asking them to hold someone for possible immigration enforcement.
The American Civil Liberties Union (ACLU) and the National Immigrant Justice Center (NIJC) took legal action, filing the Gonzalez v. ICE lawsuit. Their goal was to stop ICE from issuing detainers without proper checks and to protect people’s constitutional rights. After years of legal battles, the case resulted in a landmark settlement in March 2025, changing how ICE operates in 42 states, the District of Columbia, and U.S. territories.
Key Changes Under the Gonzalez v. ICE Settlement
The Gonzalez v. ICE settlement introduces several important reforms to ICE’s detainer practices:
- Neutral Review Requirement: ICE’s Pacific Enforcement Response Center (PERC) can no longer issue detainers—requests to hold someone for ICE—without a neutral review process. This means an independent party must check the facts before a detainer is issued.
- Notification Instead of Detention: Without this review, PERC can only ask local law enforcement to notify ICE when someone is about to be released, not to hold them past their release date.
- Service of Detainer: Anyone subject to an ICE detainer must be given a copy of the detainer form. If they do not receive this, the detainer is invalid, and they cannot be held for ICE.
- Right to Challenge: If someone is held longer due to an ICE detainer and the rules are not followed, they can challenge their detention in court.
These changes are designed to prevent wrongful detentions, especially of U.S. citizens, by adding checks and transparency to the process.
Why These Changes Matter for U.S. Citizens
The wrongful detention of U.S. citizens by ICE is not just a bureaucratic mistake—it can have serious consequences for the individuals involved and their families. People have lost jobs, missed important family events, and suffered emotional distress because they were held in custody even though they had the right to be free.
The Gonzalez v. ICE settlement directly addresses these problems by:
- Protecting Constitutional Rights: The settlement ensures that no one, especially U.S. citizens, can be held for ICE without proper legal checks.
- Reducing Mistakes: By requiring a neutral review, ICE must double-check its information before asking police to hold someone.
- Providing Legal Recourse: If mistakes do happen, individuals now have a clear way to challenge their detention and seek release.
As reported by VisaVerge.com, these reforms are widely seen as a major step forward in protecting the rights of U.S. citizens and legal residents who might otherwise be caught up in ICE’s enforcement system.
How the New Detainer Process Works
The settlement lays out a clear, step-by-step process for ICE detainers:
- Detainer Issuance: ICE’s PERC may only issue a “Request for Notification of Release” unless a neutral review process is in place. This means that, in most cases, local law enforcement is only asked to tell ICE when someone is about to be released, not to hold them longer.
- Notification: Local police must notify ICE of a pending release but cannot detain individuals beyond their scheduled release date for ICE purposes unless all procedural protections are in place.
- Service of Detainer: The person must be given a copy of the detainer form. If this does not happen, the detainer is not valid.
- Challenging Detention: If someone is held longer due to an ICE detainer and the rules are not followed, they can go to court to challenge their detention.
These steps are meant to ensure that everyone’s rights are respected and that mistakes are caught before they lead to wrongful detention.
Broader Policy Changes Affecting ICE Detention
The Gonzalez v. ICE settlement is part of a larger wave of changes to ICE’s detention and enforcement policies in 2025. President Trump’s executive orders in January 2025 called for maximum detention of noncitizens and changes to parole policies. However, these orders also required agencies to rescind earlier policies that had led to wrongful detentions, especially of U.S. citizens.
Other important changes include:
- ICE Arrest Quotas: As of May 2025, ICE has a new arrest quota of 3,000 per day. This reflects a push for increased enforcement under the Trump administration.
- Solitary Confinement Policy: In December 2024, ICE updated its rules on solitary confinement. Now, solitary can only be used as a last resort, with special rules for pregnant individuals and those with serious health needs.
- Detention Population: Advocacy groups are calling for ICE to reduce its average daily detention population to 25,000 or less, arguing that too many people are being held unnecessarily.
These changes show a tension between efforts to increase enforcement and the need to protect individual rights.
Who Is Affected by the New Rules?
U.S. Citizens
The main goal of the Gonzalez v. ICE settlement is to prevent U.S. citizens from being wrongfully detained. In the past, errors in ICE’s databases or confusion over citizenship status led to U.S. citizens being held for days or weeks. Now, with the new neutral review process and notification-only policy, these mistakes should be much less common.
Detained Individuals
Anyone held by local law enforcement who might be subject to an ICE detainer is affected by these changes. Police can no longer hold someone past their release date just because ICE asks them to, unless all the new rules are followed. This gives people more protection and a clear way to challenge their detention if something goes wrong.
Families and Vulnerable Populations
Families of those detained by ICE often suffer when a loved one is held for immigration reasons, especially if that person is a U.S. citizen or has serious health needs. The new policies require special consideration for pregnant individuals and those with medical or mental health issues, limiting the use of solitary confinement and prioritizing proper care.
Law Enforcement Agencies
Local police and sheriffs must now follow new procedures when dealing with ICE detainers. They must notify ICE of releases but cannot hold people longer unless all legal requirements are met. This reduces the risk of lawsuits and public backlash over wrongful detentions.
Perspectives from Key Stakeholders
Civil Liberties Advocates
Groups like the ACLU and NIJC, who led the Gonzalez v. ICE lawsuit, see the settlement as a major victory for constitutional rights. They argue that no one should be held without due process, and that the new rules will prevent many of the mistakes that led to wrongful detentions in the past.
Immigration Enforcement Supporters
Some supporters of strict immigration enforcement argue that robust detention and detainer policies are necessary for national security and immigration control. They point to President Trump’s executive orders and the new arrest quotas as evidence that strong enforcement remains a priority.
Legal Scholars
Legal experts note that the settlement brings ICE’s practices closer to the standards required by the Fourth Amendment, which protects against unreasonable searches and seizures. By requiring judicial oversight and due process, the new rules help ensure that people’s rights are not violated.
Historical Background: How Did We Get Here?
The issue of wrongful ICE detentions, especially of U.S. citizens, has a long history. In 2018, several cases made headlines when U.S. citizens were mistakenly held by ICE. These incidents highlighted problems with ICE’s databases, lack of proper checks, and confusion over citizenship status.
The resulting lawsuits, including Gonzalez v. ICE, forced the government to confront these issues. Over time, advocacy groups, lawmakers, and the courts pushed for reforms. The 2025 settlement is the result of years of legal battles and public pressure to fix a broken system.
What Happens Next? The Future of ICE Detainer Practices
The Gonzalez v. ICE settlement is not the end of the story. ICE must now develop and implement a neutral review process for detainers, a task that will be closely watched by advocacy groups and the courts. Ongoing legal challenges and Freedom of Information Act (FOIA) requests are expected as groups seek more transparency and accountability.
Congress is also paying close attention. Nearly 50 members have expressed concern over ICE practices, and there may be new laws or oversight efforts to further limit or reform ICE detention, especially for U.S. citizens and vulnerable groups.
Practical Guidance for Individuals and Families
If you or someone you know is facing an ICE detainer, it’s important to know your rights:
- Request a Copy of the Detainer: You must be given a copy of the detainer form. If you do not receive one, the detainer is not valid.
- Check for Neutral Review: Ask if a neutral review process was used before the detainer was issued.
- Challenge Unlawful Detention: If you are held past your release date for ICE and the rules were not followed, you can challenge your detention in court.
- Seek Legal Help: Contact organizations like the ACLU or NIJC for assistance. They can help you understand your rights and take action if needed.
For official information on ICE detention management and policies, you can visit the ICE Detention Management page.
Resources and Contact Information
- Gonzalez Settlement Questions: Email [email protected] or [email protected] for details about the settlement.
- ACLU: Visit the ACLU’s website for advocacy resources and FOIA documents.
- American Immigration Council: Check their official site for updates on policy changes and FOIA requests.
- Case Status and FOIA Requests: Individuals can check their immigration case status or request records via the EOIR automated system or by filing a FOIA request with USCIS.
Conclusion: A New Era for ICE Detainer Practices
The Gonzalez v. ICE settlement marks a turning point in how ICE handles detainers, especially for U.S. citizens. By requiring neutral review, notification-only policies, and clear legal protections, the settlement aims to prevent the kinds of wrongful detentions that have caused so much harm in the past. While enforcement remains a priority under current policies, these new safeguards offer hope for a more just and accountable system.
As ICE continues to implement these changes, ongoing oversight from advocacy groups, Congress, and the courts will be essential. For individuals and families affected by ICE detainers, understanding these new rights and protections is more important than ever.
Learn Today
ICE Detainer → A request from ICE asking local law enforcement to hold a person for immigration enforcement purposes.
Neutral Review → An independent process to verify facts before ICE issues a detainer to prevent mistakes.
Gonzalez v. ICE → A 2025 lawsuit settlement reforming ICE detainer procedures to protect constitutional rights.
Notification of Release → A formal alert by police to ICE when a detained person is about to be released.
Due Process → Legal rights ensuring fair treatment through the judicial system before detention occurs.
This Article in a Nutshell
The 2025 Gonzalez settlement reforms ICE detainer policies, preventing wrongful detentions of U.S. citizens by requiring neutral reviews and notification-only requests, strengthening legal protections and ensuring detainees receive documentation and the ability to challenge unlawful holding.
— By VisaVerge.com
