What did DHS/ICE report about detainee criminal history in 2022 and 2023?
Executive summary
DHS/ICE public data and independent analyses show a sharp shift in the criminal profile of people ICE arrested and detained in 2022 and 2023: large shares had no U.S. criminal convictions, and detention counts rose substantially—ICE held about 25,134 people at the end of FY2022 and roughly 32,743 at the end of FY2023 according to TRAC’s compilation [1]. Multiple outlets and DHS datasets report that a majority of arrests in 2022 involved people without criminal convictions (for example, CBS reported 67% of 2022 ICE arrests had no convictions or charges) and that the composition of the detained population changed markedly [2] [1].
1. A system under strain: detention levels climbed while profiles shifted
Detention populations rose quickly between FY2022 and FY2023—TRAC reports 25,134 detainees at the end of FY2022 and 32,743 by the end of FY2023—documents that a larger volume of people were held even as the mix of criminal histories changed [1]. DHS’s operational reporting systems (the OHSS SSOR built from ICE’s Enforcement Integrated Database) underpin these counts, and monthly tables are the agency’s official statistical record [3] [4].
2. What DHS/ICE said about criminal history in 2022: most arrests were non‑criminal in U.S. records
ICE’s public materials and mainstream reporting attribute the 2022 rise in arrests largely to mass arrivals at the southern border; ICE officials and DHS notes indicate many people transferred from CBP end up in ICE custody and that ICE’s arrest totals therefore include large numbers without U.S. criminal convictions [5] [3]. Independent reporting summarized ICE statistics for FY2022 as showing roughly two‑thirds of arrests—about 96,000 people—had no convictions or pending charges in U.S. records [2].
3. 2023: composition continues to change; different portrayals emerge
Agency annual reports and researcher compilations for 2023 show detention counts climbed and the detained population included growing numbers without convictions; TRAC’s retrospective highlights the increase and concentration of detention in certain facilities [1]. At the same time, DHS and ICE messaging focuses on targeting “criminal illegal aliens” and says custody decisions consider criminal history alongside humanitarian and flight‑risk factors; these competing framings explain why public numbers generate divergent interpretations [5] [6].
4. Independent analyses and press reporting add a sharper lens
Investigations and analyses by outlets and think tanks found the share of detainees with no criminal conviction was substantial and, in some datasets, the plurality or majority. CBS and TRAC cited figures that in 2022 a majority of ICE arrests lacked U.S. criminal convictions [2] [1]. Later reporting and third‑party analyses argue the bulk of the growth in detention underlines interior enforcement against non‑criminal immigration violations rather than only the removal of serious criminals [7] [8].
5. Why numbers diverge: definitions, sources, and counting rules
Disagreement in coverage stems from definitions and data flows. ICE’s Enforcement Integrated Database (EID) and OHSS SSOR are the official administrative sources for arrests, bookings and criminal‑history flags, but ICE sometimes aggregates CBP transfers and border apprehensions differently by fiscal year and reporting product [3] [9]. TRAC and media analyses reconstruct and re‑slice those datasets, producing different percentage framings depending on whether they count current detainees, arrests in a fiscal year, or entries transferred from CBP [1] [2].
6. Limits of available reporting and outstanding questions
Available sources do not mention detailed national breakdowns of the types of convictions for every detainee across 2022–2023 in a single, public DHS table; journalists rely on FOIA data, TRAC reconstructions, or ICE monthly snapshots to estimate shares [9] [4]. The agency emphasizes that custody decisions factor in convictions, pending charges, family ties and humanitarian considerations, but public summaries do not always show the underlying charge severity or foreign convictions [5] [3].
7. Competing narratives and motives: enforcement vs. optics
DHS/ICE frames enforcement as focused on public‑safety threats; outside analysts and some media highlight that much of the detention expansion involved people without U.S. criminal convictions, suggesting a policy shift to broader interior enforcement and increased reliance on detention capacity [5] [2]. Watch for institutional incentives: ICE and DHS have reason to emphasize dangerous offenders to justify enforcement resources, while advocacy groups and researchers highlight the scale of non‑criminal detention to press for policy and oversight changes [5] [10].
Bottom line: DHS/ICE datasets and independent reconstructions agree that detention grew in 2022–2023 and that a large portion of those arrested or detained during that period lacked U.S. criminal convictions; exact percentages vary by dataset and by whether analysts count arrests, book‑ins, or the snapshot of people held on a given date [2] [1].