The Brief

When the Supreme Court recently allowed immigration agents in the Los Angeles area to take race into consideration during sweeps, Justice Brett Kavanaugh said citizens shouldn’t be concerned.

“If the officers learn that the individual they stopped is a U.S. citizen or otherwise lawfully in the United States,” Kavanaugh wrote, “they promptly let the individual go.”

But that is far from the reality many citizens have experienced. Americans have been dragged, tackled, beaten, tased and shot by immigration agents. They’ve had their necks kneeled on. They’ve been held outside in the rain while in their underwear. At least three citizens were pregnant when agents detained them. One of those women had already had the door of her home blown off while Department of Homeland Security Secretary Kristi Noem watched.

About two dozen Americans have said they were held for more than a day without being able to phone lawyers or loved ones.

Videos of U.S. citizens being mistreated by immigration agents have filled social media feeds, but there is little clarity on the overall picture. The government does not track how often immigration agents hold Americans.

So ProPublica created its own count.

We compiled and reviewed every case we could find of agents holding citizens against their will, whether during immigration raids or protests. While the tally almost certainly is incomplete, we found more than 170 such incidents during the first nine months of President Donald Trump’s second administration.

Among the citizens detained are nearly 20 children, including two with cancer. That includes four who were held for weeks with their undocumented mother and without access to the family’s attorney until a congresswoman intervened.

Immigration agents do have authority to detain Americans in limited circumstances. Agents can hold people whom they reasonably suspect are in the country illegally. We found more than 50 Americans who were held after agents questioned their citizenship. Almost all were Latino.

Immigration agents also can arrest citizens who allegedly interfered with or assaulted officers. We compiled cases of about 130 Americans, including a dozen elected officials, accused of assaulting or impeding officers.

These cases have often wilted under scrutiny. In nearly 50 instances that we have identified so far, charges have never been filed or the cases were dismissed. Our count found a handful of citizens have pleaded guilty, mostly to misdemeanors.

Among the detentions in which allegations have not stuck, masked agents pointed a gun at, pepper sprayed and punched a young man who had filmed them searching for his relative. In another, agents knocked over and then tackled a 79-year-old car wash owner, pressing their knees into his neck and back. His lawyer said he was held for 12 hours and wasn’t given medical attention despite having broken ribs in the incident and having recently had heart surgery. In a third case, agents grabbed and handcuffed a woman on her way to work who was caught up in a chaotic raid on street vendors. In a complaint filed against the government, she described being held for more than two days, without being allowed to contact the outside world for much of that time. (The Supreme Court has ruled that two days is generally the longest federal officials can hold Americans without charges.)

George Retes, 25, a U.S. Army veteran who served in Iraq, stands in the street where he was wrongfully detained and arrested in Carpinteria on Sept. 19. In July, Retes was on his way to work as a security guard at Glass House Farms when he was stopped by ICE agents who deployed pepper spray and tear gas before forcefully handcuffing him. He was left sitting in the dirt for hours before being taken and held in a jail cell for three days and three nights. He was given no explanation for the arrest and was not allowed to shower or make any phone calls to his family or an attorney.

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In response to questions from ProPublica, the Department of Homeland Security said agents do not racially profile or target Americans. “We don’t arrest US citizens for immigration enforcement,” wrote spokesperson Tricia McLaughlin.

A top immigration official recently acknowledged agents do consider someone’s looks. “How do they look compared to, say, you?” Border Patrol chief Gregory Bovino said to a white reporter in Chicago.

The White House told ProPublica that anyone who assaults federal immigration agents would be prosecuted.

“Interfering with law enforcement and assaulting law enforcement is a crime and anyone, regardless of immigration status, will be held accountable,” said Deputy Press Secretary Abigail Jackson. “Officers act heroically to enforce the law, arrest criminal illegal aliens and protect American communities with the utmost professionalism.”

A spokesperson for Kavanaugh did not return an emailed request for comment.

Tallying the number of Americans detained by immigration agents is inherently messy and incomplete. The government has long ignored recommendations for it to track such cases, even as the U.S. has a history of detaining and even deporting citizens, including during the Obama administration and Trump’s first term.

We compiled cases by sifting through both English- and Spanish-language social media, lawsuits, court records and local media reports. We did not include arrests of protesters by local police or the National Guard. Nor did we count cases in which arrests were made at a later date after a judicial process. That included cases of some people charged with serious crimes, like throwing rocks or tossing a flare to start a fire.

Experts say that Americans appear to be getting picked up more now as a result of the government doing something that it hasn’t for decades: large-scale immigration sweeps across the country, often in communities that do not want them.

In earlier administrations, deportation agents used intelligence to target specific individuals, said Scott Shuchart, a top immigration official in the Biden, Obama and first Trump administrations. “The new idea is to use those resources unintelligently” — with officers targeting communities or workplaces where undocumented immigrants may be.

When federal officers roll through communities in the way the Supreme Court permitted, the constitutional rights of both citizens and noncitizens are inevitably violated, argued David Bier, the director of immigration studies at the libertarian Cato Institute. He recently analyzed how sweeps in Los Angeles have led to racial profiling. “If the government can grab someone because he’s a certain demographic group that’s correlated with some offense category, then they can do that in any context.”

Cody Wofsy, an attorney at the American Civil Liberties Union, put it even more starkly. “Any one of us could be next.”

When Kavanaugh issued his opinion that immigration agents can consider race and other factors, the Supreme Court’s three liberal justices strongly dissented. They warned that citizens risked being “grabbed, thrown to the ground and handcuffed simply because of their looks, their accents, and the fact they make a living by doing manual labor.”

Leonardo Garcia Venegas appears to have been just such a case. He was working at a construction site in coastal Alabama when he saw masked immigration agents from Homeland Security Investigations hop a fence and run by a “No trespassing” sign. Garcia Venegas recalled that they moved toward the Latino workers, ignoring the white and Black workers.

Garcia Venegas began filming after his undocumented brother asked agents for a warrant. In response, the footage shows, agents yanked his brother to the ground, shoving his face into wet concrete. Garcia Venegas kept filming until officers grabbed him too and knocked his phone to the ground.

Other co-workers filmed what happened next, as immigration agents twisted the 25-year-old’s arms. They repeatedly tried to take him to the ground while he yelled, “I’m a citizen!”

Officers pulled out his REAL ID, which Alabama only issues to those legally in the U.S. But the agents dismissed it as fake. Officers held Garcia Venegas handcuffed for more than an hour. His brother was later deported.

Leonardo Garcia Venegas told agents he was a citizen both times he was detained. His REAL ID was dismissed as a fake.

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Garcia Venegas was so shaken that he took two weeks off of work. Soon after he returned, he was working alone inside a nearly built house listening to music on his headphones when he sensed someone watching him. A masked immigration agent was standing in the bedroom doorway.

This time, agents didn’t tackle him. But they again dismissed his REAL ID. And then they held him to check his citizenship. Garcia Venegas says agents also held two other workers who had legal status.

DHS did not respond to ProPublica’s questions about Garcia Venegas’ detentions, or to a federal lawsuit he filed last month. The agency has previously defended the agents’ conduct, saying he “physically got in between agents and the subject” during the first incident. The footage does not show that, and Garcia Venegas was never charged with obstruction or any other crime.

Garcia Venegas’ lawyers at the nonprofit Institute for Justice hope others may join his suit. After all, the reverberations of the immigration sweeps are being felt widely. Garcia Venegas said he knows of 15 more raids on nearby construction sites, and the industry along his portion of the Gulf Coast is struggling for lack of workers.

Kavanaugh’s assurances hold little weight for Garcia Venegas. He’s a U.S. citizen of Mexican descent, who speaks little English and works in construction. Even with his REAL ID and Social Security card in his wallet, Garcia Venegas worries that immigration agents will keep harassing him.

“If they decide they want to detain you,” he said, “you’re not going to get out of it.”

Construction workers build a home neighboring an area that has been targeted by ICE agents in Robertsdale, Ala., on Sept. 11.

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George Retes was among the citizens arrested despite immigration agents appearing to know his legal status. He also disappeared into the system for days without being able to contact anyone on the outside.

The only clue Retes’ family had at first was a brief call he managed to make on his Apple Watch with his hands handcuffed behind his back. He quickly told his wife that “ICE” had arrested him during a massive raid and protest on the marijuana farm where he worked as a security guard.

Still, Retes’ family couldn’t find him. They called every law enforcement agency they could think of. No one gave them any answers.

Eventually, they spotted a TikTok video showing Retes driving to work and slowly trying to back up as he’s caught between agents and protestors. Through the tear gas and dust, his family recognized Retes’ car and the veteran decal on his window. The full video shows a man — Retes — splayed on the ground surrounded by agents.

Retes’ family went to the farm, where local TV reporters were interviewing families who couldn’t find their loved ones.

“They broke his window, they pepper sprayed him, they grabbed him, threw him on the floor,” his sister told a reporter between sobs. “We don’t know what to do. We’re just asking to let my brother go. He didn’t do anything wrong. He’s a veteran, disabled citizen. It says it on his car.”

Retes was held for three days without being given an opportunity to make a call. His family only learned where he had been after his release. His leg had been cut from the broken glass, Retes told ProPublica, and lingering pepper spray burned his hands. He tried to soothe them by filling sandwich bags with water.

Retes recalled that agents knew he was a citizen, adding, “They didn’t care.”

He said one DHS official laughed at him, saying he shouldn’t have come to work that day.

“They still sent me away to jail,” he said, adding that cases like his show Kavanaugh was “wrong completely.”

DHS did not answer our questions about Retes. It did respond on X after Retes wrote an op-ed last month in the San Francisco Chronicle. An agency post asserted he was arrested for assault after he “became violent and refused to comply with law enforcement.” Yet Retes had been released without any charges. Indeed, he says he was never told why he was arrested.

George Retes sits in his car near the site where he was wrongfully detained and arrested in Carpinteria.

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The Department of Justice has encouraged agents to arrest anyone interfering with immigration operations, twice ordering law enforcement to prioritize cases of those suspected of obstructing, interfering with or assaulting immigration officials.

But the government’s claims in those cases often have not been borne out.

Daniel Montenegro was filming a raid at a Van Nuys Home Depot with other day-laborer advocates this summer when, he told ProPublica, he was tackled by several officers who injured his back.

Bovino, the Border Patrol chief who oversaw the L.A. raids and has since taken similar operations to cities like Sacramento and Chicago, tweeted out the names and photos of Montenegro and three others, accusing them of using homemade tire spikes to disable vehicles.

“I had no idea where that story came from,” Montenegro told ProPublica. “I didn’t find out until we were released. People were like, ‘We saw you on Twitter and the news and you guys are terrorists, you were planning to slash tires.’ I never saw those spike tire-popper things.”

Officials have not charged Montenegro or the others with any crimes. (Bovino did not respond to a request for comment, while DHS defended him in a statement to ProPublica: “Chief Bovino’s success in getting the worst of the worst out of the country speaks for itself.”)

The government’s cases are sometimes so muddied that it’s unclear why agents actually arrested a citizen.

Andrea Velez was charged with assaulting an officer after she was accidentally dropped off for work during a raid on street vendors in downtown Los Angeles. She said in a federal complaint that officers repeatedly assumed she did not speak English. Federal officers later requested access to her phone in an attempt to prove she was colluding with another citizen arrested that day, who was charged with assault. She was one of the Americans held for more than two days.

DHS did not respond to our questions about Velez, but it has previously accused her of assaulting an officer. A federal judge has dismissed the charges.

Other citizens also said officers accused them of crimes and suddenly questioned their citizenship — including a man arrested after filming Border Patrol agents break a truck window, and a pregnant woman who tried to stop officers from taking her boyfriend.

The prospects for any significant reckoning over agents’ conduct, even against citizens, are dim. The paths for suing federal agents are even more limited than they are for local police. And that’s if agents can even be identified. What’s more, the administration has gutted the office that investigates allegations of abuse by agents.

“The often-inadequate guardrails that we have for state and local government — even those guardrails are nonexistent when you’re talking about federal overreach,” said Joanna Schwartz, a professor at UCLA School of Law.

More than 50 members of Congress have also written to the administration, demanding details about Americans who’ve been detained. One is Sen. Alex Padilla, a California Democrat. After trying to question Noem about detained citizens, federal agents grabbed Padilla, pulled him to the ground and handcuffed him. The department later defended the agents, saying they “acted appropriately.”

Do you have information or videos to share about the administration’s immigration crackdown? Contact Nicole Foy via email at nicole.foy@propublica.org or on Signal at nicolefoy.27.

Thousands more students joined walkouts Friday to protest the Trump administration’s militarized crackdown on immigrants, detainment of children and violence against U.S. citizens protesting the raids.

By mid-afternoon, nearly 12,500 students from more than 85 schools in the Los Angeles Unified School District had walked out, according to a district spokesperson. Hundreds of students in other districts — from Pasadena and the greater San Gabriel Valley to Orange County — also marched in their communities.

At Olive Vista Middle School in Sylmar, about 100 students—some as young as 11—walked out of their science, English, and math classes, then walked to a nearby park.

For many students, Friday’s walkout marks the first time they’ve ever participated in a protest. And after months of watching federal immigration agents violently detain people on social media, the students told LAist that protesting — on behalf of their communities and in honor of Renee Good and Alex Pretti — filled them with a sense of freedom and power.

Isaac, a seventh grader, walked out of science class.

“This felt like I was breaking out of some sort of chamber,” he told LAist. “I felt like I was being free for once.”

Many of the 12-year-old’s family members are from Mexico and he’s been worried about what could happen if they’re detained.

“I'm standing up for my family and my friends, our community, really,” he said. “The most we [can] do is what we're doing right now.”

After months of being scared every time his parents go to work, Isaac said the protest was a type of salve.

“It makes us feel better,” he said. “It makes us stronger.”

M, right, is a sixth grader at Olive Vista and organized the school's walkout.

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How to organize a middle school

A few weeks ago, M, an 11-year-old sixth grader at Olive Vista Middle School, asked her mom, Maritza Ocegueda, why students in Minnesota and elsewhere were walking out of school. LAist has agreed to refer to her solely by her first initial, after her mom raised concerns for her safety.

Ocegueda shared with her daughter that she walked out of Van Nuys High School as a junior in 2006 to protest proposed federal immigration legislation. Nearly 40,000 students from across Southern California joined the movement.

“ I was floored,” Ocegueda said. “It inspires me and gives me that little bit of hope… Maybe we can make a change.”

M decided to organize a walkout at her school concurrently with other students in the community. 

She made several lunchtime announcements about a walkout on Friday, Feb. 6 at 10:24 a.m.

“If you'd like to join, please come over here and if you have any questions, just ask me.”

Those announcements did not come easily to M, who is soft spoken and admittedly shy. “ I try to be the bravest I can,” she said. “ I want [my classmates] to understand how serious this [is] … [The federal government is not] letting people be themselves, like, they can't go to Home Depot without feeling unsafe.”

M, and several other students said some teachers and administrators discouraged their organizing. M said at one point she was pulled out of class for more than an hour to talk about the walkout.

“ One of the things I told the school [is] you dropped the ball because this is a learning moment,” Ocegueda said. However, she said she’s open to more conversations with school and district leaders on how to support students.

Maritza Ocegueda's daughter M organized Olive Vista Middle School's walkout. She said she's active in the community passing out food and clothes to unhoused neighbors and helping other people connect with resources.

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A Los Angeles Unified School District spokesperson provided a statement that said students were informed that walkouts are not school-sponsored, there are spaces on campus for students to exercise their freedom of speech and that they would be marked absent for missed class periods. A similar message was posted to the school’s Facebook page Thursday afternoon.

“Administrators routinely meet with students to share safety information and clarify options for on-campus expression—not to threaten or discipline,” the statement read. “Leaving campus during instructional time without permission is discouraged; that message is about safety and supervision, not suppressing speech.”

M said that other teachers were more supportive and helped her spread the word about the walkout to other students.

“ What I've learned is students should not have to come protest 'cause that's what the adults should be doing,” M said. “Adults should know better to help out the community and students should not have to come out.”

Honks of support 

By mid-morning, students began to trickle out of Olive Vista.

As students joined the group of young activists, those already outside cheered and passing cars honked their horns in support. One SUV had a Mexican flag poking out of the sunroof.

Out by the curb, some of their parents, including M’s mom, were waiting. The adults encouraged the students to stick together and made sure the group waited for the light to turn before crossing the street to Sylmar Park.

" What's in my heart is that my parents are Mexican and I wanna support," said Jayden, an Olive Vista 6th grader.

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Once they gathered, the middle schoolers marched to a nearby park, carrying homemade signs and flags of Latin America.

One student turned to a friend and nervously quipped: “I just really hope we don’t get shot or tear gassed.”

‘They don't understand how much we love our parents.’

In conversation with LAist, multiple students said they live in fear of being separated from their families. They also worry that their parents could be mistreated if they are detained by federal agents.

Eleven-year-old Alejandro, for instance, usually goes to Sylmar Park to play baseball. Today, he said, he went to the protest to honor his mom and dad, Mexican immigrants from the states of Michoacán and Jalisco.

To critics who think he should have stayed in class, he said: “They don't understand how much we love our parents.”

“I just don't like how Donald Trump is calling us ‘animals,’ when we're the ones working our asses off to live paycheck to paycheck, while he's up there sitting in his chair throwing out orders at Kristi Noem,” said eighth-grader Jesús, referring to the Secretary of Homeland Security.

The 13-year-old had his family and his neighbors in mind during the protest, along with 5-year-old Liam Conejo Ramos, whose deportation the federal government is working to expedite.

“The little boy who was captured with his little bunny hat, he was captured and he was sent to prison,” Jesús noted. “And that's just crazy, because how are you going to let a little kid inside a prison?”

The federal immigration activity in the San Fernando Valley has also left him feeling nervous, even when he is on campus. “I'm trying to study and then I just get reminded: maybe there's somebody waiting outside to take us.”

Sixth grader Sophia’ said she walked out for her grandmother who’s from Mexico. "I wanna represent our people and show that we aren't bad," Sophia said. "We are actually, like, a great community."

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As the students chanted and waved their signs, adults passed out snacks, water and pizza purchased with money donated from the community.

“They're here with clear intentions and they're here for a purpose,” said Michelle, the parent of another young protestor who requested LAist only use her first name. “I’m just proud of them.”

M, the organizer, said she wouldn’t have used that term to describe herself before the protest.

“Now that I'm looking at myself, I do see myself as a helper,” M said. She plans to continue helping her community, for example by distributing food and clothes to unhoused neighbors.

And she has some advice for any aspiring student organizers.

“ I was a shy kid, so I want them to be brave and speak up,” M said.

She said she planned to finish up the day at school after she ate.

Topline:

Why it matters: King Taco helped establish the template for the modern L.A. taqueria — shifting the city's understanding of tacos from the hard-shell, Americanized version to soft tortillas filled with carne asada, carnitas and tacos al pastor. As the late food critic Jonathan Gold noted, King Taco "solidified what we all think of as the modern Los Angeles taco sensibility."

Why now: The nomination comes as part of the city's ongoing effort to recognize Latino cultural landmarks.

The backstory: Founder Raul Martinez launched King Taco from a converted ice cream truck in 1974, eventually opening the Cypress Park brick-and-mortar location that became the chain's flagship. The business grew to 24 locations across Southern California, becoming a model for immigrant entrepreneurship and establishing key Mexican dishes like tacos al pastor and carnitas as L.A. staples.

What's next: The Cultural Heritage Commission will determine whether King Taco's original location retains sufficient historic integrity and continues to convey its cultural significance. If approved, King Taco would become one of the few designated restaurant landmarks recognizing Latino culinary contributions.

President Donald Trump's harsh immigration tactics are taking a political hit as new polls show a majority of Americans feel federal agents have "gone too far" in enforcing immigration laws.

It's not just Democrats who are concerned, but also independent voters who are expected to play a major role in the upcoming midterm elections.

"The base loves it, but it's an issue for the independent voters who decide elections in this country," said Alex Conant, a veteran Republican strategist. "Independents want a strong border and they want to deport criminals, but they're really uneasy with having masked federal agents going around in neighborhoods, deporting anyone that they see — as the Democrats are portraying it."

After months of aggressive enforcement, Trump's signature issue that twice got him elected is now turning into a liability ahead of this year's midterm elections.

The outcry over what many saw as militant tactics hit a fever pitch after the second fatal shooting of a U.S. citizen by immigration officers in Minnesota.

A new NPR/Marist poll shows that six in 10 Americans disapprove of the job federal immigration agents are doing.

Even typically loyal Republican supporters have called on the Trump administration to make changes and rebuild trust with law enforcement.

"They, being the White House, need to recalibrate on what needs to be done to make sure that that respect is going to be re-instilled," Texas Gov. Greg Abbott told conservative radio host Mark Davis.

Trump shook up the leadership of the Minneapolis operation, and directed his team to withdraw 700 federal officers.

"I learned that, maybe we can use a little bit of a softer touch," Trump said in an interview with NBC's Tom Llamas. "But you still have to be tough. We're dealing with really hard criminals."

It's a bit unclear what a "softer touch" actually means.

Press Secretary Karoline Leavitt largely defended the administration's enforcement efforts Thursday and pointed to different polling — from a Harvard/Harris survey — that she said showed support for their "deportation agenda."

"Nearly eight in 10 Americans say criminal illegal aliens should be deported," she said. "A solid majority also support deporting all illegal aliens, regardless of additional crimes."

She also said the administration is now prioritizing criminals who are in the country illegally.

Theresa Cardinal Brown, who worked on immigration policy under two presidents George W. Bush and Barack Obama, said there may be an "operational pause" as the administration retools its efforts, both from a policy standpoint and a public relations standpoint.

"Operationally, you're not really thinking about politics as you're putting together an operation, said Brown, now a member of the Council on National Security and Immigration. "But politics comes into everything, right?"

She points to the announcement that body cameras would be deployed to federal immigration officers in Minneapolis, noting that while video can uncover when officers are doing something wrong, body cameras can also vindicate officers when they have done the right thing.

"I do think that probably the administration is thinking, 'Well, if we had body cam footage of our own, we could put our own perspective on it,' " she said.

Trump has a big incentive to get a handle on this crisis — and to do so quickly.

Conant, who previously worked on Marco Rubio's 2016 presidential campaign, said Trump has left an opening for Democrats to sound more reasonable on immigration ahead of the midterms.

"If he loses the immigration issue as a political winner, it's a real political problem," Conant said, "not just for Trump, but Republicans more broadly."

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