7 Critical Facts About ICE And The U.S. Citizenship Process Lawful Permanent Residents Must Know

The phrase "ICE Citizenship" is not a formal legal status in the United States, but it represents a highly consequential and often-misunderstood intersection between U.S. Immigration and Customs Enforcement (ICE) and the naturalization process for lawful permanent residents (LPRs). As of December 12, 2025, the relationship between these two entities—one focused on enforcement and the other on services—remains a source of anxiety for many on the path to becoming a U.S. citizen. Understanding the boundaries, responsibilities, and recent developments involving ICE and the citizenship process is absolutely essential before submitting your N-400 Application for Naturalization.

This article cuts through the confusion, providing a clear, updated analysis of ICE's role—or lack thereof—in the journey from green card holder to full U.S. citizen, and highlights the critical protections and risks involved. Knowing these facts can safeguard your application and prevent potential complications with federal immigration authorities.

The Complex Relationship Between ICE and U.S. Naturalization

To fully grasp the dynamics of "ICE Citizenship," one must first distinguish between the two primary federal agencies involved in immigration matters: U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration and Customs Enforcement (ICE). USCIS is the agency responsible for processing and adjudicating immigration benefits, including the naturalization process. ICE, a component of the Department of Homeland Security (DHS), is the principal investigative and enforcement arm, focused on national security, public safety, and the enforcement of immigration laws against non-citizens.

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The tension arises because the naturalization process requires a deep review of an applicant's background, and this review can sometimes flag issues that fall under ICE's jurisdiction. While USCIS handles the paperwork, ICE’s Enforcement and Removal Operations (ERO) is responsible for detaining and deporting non-citizens who have violated immigration law or committed certain crimes. The key distinction is that once an individual is a U.S. citizen, ICE legally cannot detain or deport them.

Fact 1: ICE Cannot Detain or Deport U.S. Citizens—But Mistakes Happen

The most fundamental fact is a legal firewall: U.S. Immigration and Customs Enforcement is legally prohibited from detaining or deporting U.S. citizens. However, this protection is not absolute in practice. There have been documented cases where ICE agents have wrongfully detained individuals who were, in fact, U.S. citizens, particularly those who may not have a readily available Naturalization Certificate or other definitive proof of status at the moment of encounter.

For this reason, it is paramount for naturalized citizens to carry proof of their status, and for lawful permanent residents to understand their rights during any encounter with ICE or other law enforcement, especially while their N-400 application is pending.

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Fact 2: The USCIS Application Process Can Trigger ICE Scrutiny

The application for naturalization (Form N-400) involves extensive background checks and biometric screenings. USCIS does not operate in a vacuum; it shares information with other DHS components, including ICE. If the background check reveals a disqualifying factor—such as an undisclosed criminal conviction, a violation of the continuous residence requirement, or evidence of fraud—USCIS may refer the case to ICE.

In some high-profile instances, ICE has shown up at USCIS offices or even citizenship ceremonies to detain applicants whose background checks revealed issues that made them ineligible for naturalization and subject to removal proceedings. This is a primary source of the anxiety surrounding "ICE Citizenship."

Fact 3: USCIS is Enhancing Screening to Target "Bad Actors"

In a recent development, USCIS has established new centers and initiatives specifically designed to strengthen immigration screening and better target individuals deemed "bad actors." This move, announced in December 2025, underscores a commitment to more rigorous vetting across all immigration applications, including naturalization.

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This enhanced scrutiny means applicants must be meticulously honest and thorough in their N-400 submission. Any discrepancies or omissions, particularly concerning criminal history or physical presence requirements, are more likely to be flagged, potentially leading to a denial of the application and referral to ICE for possible deportation.

Fact 4: Green Card Holders Are at Risk Until the Oath is Taken

A lawful permanent resident is still a non-citizen. Even if you have been a green card holder for many years and have an approved naturalization interview, you remain subject to immigration enforcement until you take the Oath of Allegiance and receive your Naturalization Certificate. ICE agents have previously arrested green card applicants in locations like San Diego, often citing criminal or national security concerns.

This highlights the delicate status of LPRs. While the goal is U.S. citizenship, the time between application submission and the final ceremony is a period where any prior, undisclosed, or new violation can lead to detention and removal.

Fact 5: The Legal Standard for Naturalization is High

To successfully navigate the process without triggering an ICE referral, applicants must meet several strict statutory requirements. These include:

• Being a Lawful Permanent Resident for the required period (usually 5 years, or 3 years if married to a U.S. citizen).
• Demonstrating continuous residence and physical presence in the U.S.
• Showing "Good Moral Character" for the statutory period.
• Passing the English and civics tests.

The "Good Moral Character" requirement is where most complications arise, as it encompasses a broad range of conduct, including criminal offenses, failure to pay taxes, and false claims to citizenship. A finding of lack of good moral character is a primary reason for both denial of naturalization and referral to ICE.

Fact 6: Know Your Rights During an ICE Encounter

If you are a lawful permanent resident, you have rights during an encounter with ICE. You have the right to remain silent and refuse to answer questions about your citizenship, immigration status, or country of nationality. You do not have to sign any documents or show identity documents that reveal your country of nationality or citizenship unless compelled by a judicial warrant. Seeking legal counsel immediately is the best course of action if detained or questioned by ICE.

Fact 7: The True Goal is the Naturalization Certificate

The ultimate protection against ICE enforcement is the final, undeniable proof of U.S. citizenship: the Naturalization Certificate. This document is a federal shield. Once you possess it, your status as a U.S. citizen is confirmed, and you are no longer subject to the Enforcement and Removal Operations (ERO) of ICE. For all lawful permanent residents, the most effective strategy is to ensure a clean, accurate, and meticulously prepared N-400 application to move swiftly and successfully to the Oath of Allegiance.