What do you think the process to check whether someone is an illegal immigrant is? It needs to leave a paper trail, and provide someone the opportunity to prove that they're a citizen or here legally.
Maybe a court case?
Maybe a court case?
If you would read the articles where people are griping about this case or that case, none of these immigrants have contested it with a "but I'm a citizen". I suspect this is because they know that won't fly. For the amazingly few cases where a citizen is temporarily detained, many of those cases are leftists trying to jam ICE up by not making the claim and hoping they overstep.
None of those that have made the news are cases where it goes to court because the detainee claims citizenship and ICE denies it.
Doesn't justify anything that ICE are currently doing though.
It's just a simple matter of checking the ESTA details online, and your entry stamp in your passport.
The ESTA visa states you waive your rights to a judge if you overstay.
Like I said, I am not condoning what ICE is doing.