Subject: Re: January 6, Part Deux
State officer asks person being held: Are you a US citizen?
No: They go on their way.
Yes: ICE held for kidnapping a US citizen because ICE lacks the authority to arrest a US citizen for NOT being a US citizen.
No.
ICE can't be arrested for kidnapping a US citizen if they detain that person with probable cause to believe they are not a US citizen. Probable cause doesn't disappear simply because the individual claims (at the moment of their detention) to be a US citizen. If the state officer tries to "hold" the ICE officer for kidnapping, they are almost certainly going to be brought up on charges of forcibly interfering with a federal agent.