Francisco Erwin Galicia was held 23 days incommunicado by CBP in Texas. Was he arrested or detained? What is the line of reasoning for arriving at the conclusion?

Update: Galacia's attorney indicated a notice from DHS:

The notice reads, “On or about June 27, 2019, you were found at the Falfurrias, Texas, Border Patrol Checkpoint, a distance of more than 25 miles from the United States border with Mexico ... You did not receive the permission of an immigration officer to proceed beyond that 25 mile limit ... At that time, you falsely represented yourself to be a citizen of the United States for the purpose of furthering your entry into the United States.”

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    Implicit in the question is the conjecture that an arrest must be for a suspected criminal offense to count as an arrest and this is not the case.
    – ohwilleke
    Commented Jul 29, 2019 at 14:52

1 Answer 1


He was arrested and then detained

Arrest is a “point in time” event at which someone is lawfully deprived of their liberty. After that, while they are held in custody they are being detained.

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    In US terms, one can be detained without being arrested. So it's probable that he was detained, then arrested, then further detained.
    – phoog
    Commented Jul 28, 2019 at 23:23

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