Are the citizens that ICE is arresting, are they being arrested because they harass and interfere with the agents, or is it because of mistakes made by ICE?

Checked on December 9, 2025
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Executive summary

ICE arrests this year have surged, with federal data and reporting showing a large share of detainees had no serious criminal convictions beyond immigration or traffic offenses — CNN found more than 75% of people booked into ICE custody through May 2025 lacked a serious criminal conviction [1] — while DHS and ICE emphasize that about 70% of recent arrests are of people charged with or convicted of crimes, calling media portrayals unfair [2]. Reporting from local outlets and court rulings documents operational confusion, warrantless or “collateral” arrests, and incidents of aggressive tactics that raise questions whether some arrests reflect agency errors or policy-driven mass enforcement [3] [4] [5].

1. Surge in arrests: a policy choice, not just local happenstance

Multiple outlets and datasets show a sharp uptick in ICE arrests since the start of the current administration; Axios documented ICE’s Enforcement and Removal Operations averaging roughly 1,100 arrests per day in recent weeks and researchers warned the pace has climbed substantially compared with the prior administration [6]. That cadence is consistent with public DHS statements praising large operations and naming specific “worst of the worst” arrests as part of national campaigns in cities like Minneapolis and New Orleans [7] [8]. The scale of that strategy makes it more likely that non-criminal or low-level administrative arrests increase simply because the agency is casting a wider net [6] [9].

2. Who ICE says it targets — and what independent data show

DHS and ICE insist the majority of arrests are of criminal aliens and released lists underline high-profile arrests for violent offenses [2] [7]. But investigative reporting and local data complicate that claim: CNN Investigates reported that more than 75% of people booked into ICE custody from October through May 2025 had no criminal conviction beyond immigration or traffic offenses [1]. Local analyses echo this: in San Diego and Imperial counties, 58% of administrative arrests in 2025 had no criminal history [9]. Both sets of claims can be true simultaneously because ICE mixes criminal and administrative arrests, but independent data indicate a sizable fraction of recent arrests are for non-serious or civil immigration violations [1] [9].

3. Operational mistakes, confusion and inconsistent procedures

On-the-ground reporting from Portland and court scrutiny in Colorado document procedural confusion that has led to varied and sometimes apparently improper arrests. OPB interviewed dozens arrested at Portland ICE protests who described a lack of standard operating procedures, inconsistent paperwork, and people not being told why they were detained or advised of rights [3]. A federal judge in Colorado ordered an end to certain warrantless arrests, noting much of recent detention growth came from “collateral” arrests — people swept up while agents looked for someone else [4]. Those findings show systemic process problems that increase the risk of mistaken or legally questionable arrests [3] [4].

4. High-visibility incidents raising credibility questions

Multiple videos and local investigations have captured aggressive tactics, and even alleged injury involving ICE vehicles, which amplify concerns about enforcement methods and possible errors in execution [5] [1]. CNN highlighted a string of camera-captured incidents nationwide that fed claims of harsher approaches; DHS responded that agents are being “smeared” and defended officers’ work [1]. The visual record and resulting investigations matter because they shape public trust and prompt independent probes that can reveal operational mistakes or misconduct [5] [1].

5. Official defenses and claims of media bias

DHS and ICE have pushed back forcefully, publishing lists of high-profile criminal arrests and arguing the media mischaracterizes operations; the department’s statements assert that 70% of arrests involve people with criminal charges or convictions and say reporting sometimes omits legal privacy constraints on what agents can disclose [2] [10]. Those defenses are part factual (ICE does arrest people with criminal records) and part rhetorical — aimed at framing enforcement as public-safety work during a politically charged rollout [2] [8].

6. What remains unresolved in reporting

Available sources document both a policy-driven surge and operational failures, but they do not provide a single national audit tying each arrest to its exact legal basis. Local data show many administrative (civil) arrests without criminal histories, DHS emphasizes criminal arrests, and watchdogs and courts identify specific problematic tactics and warrantless practices [9] [2] [4]. A comprehensive, case‑by‑case accounting from an independent oversight body is not found in current reporting.

Bottom line: the evidence in these sources shows ICE is pursuing an expansive arrest strategy that produces both criminal-targeted arrests and a large number of administrative detentions; at the same time, reporting and court rulings document inconsistent procedures, warrantless “collateral” arrests and incidents captured on video that suggest mistakes or problematic tactics occur in practice [6] [1] [3] [4] [5].

Want to dive deeper?
What are the most common reasons ICE agents arrest civilians during operations?
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How can civilians legally document or challenge ICE conduct during enforcement actions?
What oversight and complaint mechanisms handle mistakes or misconduct by ICE agents?