A legal team are now working on a case for the 26-year-old rapper, and say it is all a "misunderstanding".
The rapper, whose real name is Sha'yaa Bin Abraham-Joseph, reportedly had a children's visa when he was younger, which expired in 2005.
Police pulled over the Dodge after the rapper allegedly drove across the sidewalk.
"There continues to be no legal reason to detain Mr. Abraham-Joseph for a civil law violation that occurred when he was a minor, especially when people in his exact situation are routinely released by ICE", the lawyer wrote.
The rapper has admitted ICE is correct in its claims he was born in the United Kingdom, as an obtained birth certificate indicating he was born in London borough Newham showed, but denies the timeline of his immigration that ICE has alleged. The tabloid publication reported that they weren't listed at the time of the rapper's arrest in the police report.
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Law firm Kuck Baxter Immigration released a statement earlier this week saying USA officials have known about Abraham-Joseph's immigration status since at least 2017 when he sought a new visa, and while that application is pending the rapper should not be subject to detainment.
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The rapper's legal team said earlier that he arrived in the United States at age seven, staying there continually for nearly 20 years except for a brief trip to Britain in 2005.
Abraham-Joseph has several relatives in the United States, including three children who are USA citizens, and a mother and four siblings who are either lawful permanent residents or U.S. citizens, his lawyer said.