Do ICE agents have high rate of criminal records?

Checked on December 14, 2025
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Executive summary

ICE arrests from Jan. 20 to mid-October 2025 show a large and growing share of people taken into custody who had no prior criminal convictions — studies and media analyses put that share anywhere from roughly one‑third nationwide to more than 70% in some datasets, with specific counts like “nearly 75,000” people without criminal records reported in one data slice [1] [2] [3]. Local reporting finds even higher shares in places such as San Diego (58% without records) and several large-city operations where more than half of arrestees lacked convictions [4] [2].

1. What the data actually shows: rising shares of non‑convicted arrestees

Multiple analyses of recently released ICE arrest records conclude that an increasing proportion of people arrested are individuals without prior criminal convictions. National reporting and research groups find that roughly a third of those arrested in certain national samples had no record [2], other trackers report much higher shares — TRAC found 73% with no convictions in an October booking snapshot, and Cato and other analysts place non‑conviction rates well above 60% in some periods [5] [3]. NBC counted “nearly 75,000” arrested people with no criminal records in a Jan. 20–Oct. 15 dataset [1].

2. Local operations skew the picture: big-city sweeps vs routine arrests

The national mix masks stark local variation. High‑profile federal operations in Los Angeles, Chicago, Washington, D.C., and parts of Massachusetts arrested large numbers of people without convictions — in those deployments “more than half” of arrestees had no criminal record, while other jurisdictions with regular transfers from jails show different mixes [2]. San Diego and Imperial counties reported almost 5,000 arrests with 58% of those arrested having no criminal histories [4]. Prison Policy notes state differences in “pending” charges versus convictions — e.g., New Jersey had many with pending charges but no convictions versus New York’s lower share [6].

3. How agencies and advocates interpret the numbers

Advocates and research groups use the data to argue policy shift: that ICE under this administration has broadened enforcement beyond convicted criminals to include people whose only offenses relate to immigration status, a departure from earlier prioritizations [7] [2]. TRAC and Syracuse University’s analyses emphasize that the share of arrested immigrants with criminal convictions fell sharply in the fall, at one point to as low as 3% in a short window, underscoring that many recent arrests are for immigration violations rather than violent crimes [8].

4. Federal claims and counterclaims: ‘worst of the worst’ vs the evidence

DHS and ICE communications continue to highlight arrests of serious offenders in named operations and press releases — for example, operation announcements list arrests of people charged or convicted of violent crimes and large criminal investigations [9] [10]. Independent analysts counter that these high‑profile examples represent a minority of total arrests: one analysis found fewer than 10,000 of roughly 281,000 arrested were classified as the “worst of the worst,” and many detainees in recent months have no convictions [3]. Both narratives are supported by the provided sources: agency press releases documenting serious‑crime arrests [10] and data analyses showing a preponderance of non‑convicted arrestees [3] [1].

5. What the statistics do — and don’t — tell us

Available reporting makes clear that the raw counts and shares measure convictions and pending charges recorded at the time of booking, not the full legal context: the data do not reliably separate nonviolent minor convictions from serious violent convictions in some public releases, and “no conviction” can include people charged but not yet adjudicated or those picked up solely on immigration grounds [1] [6]. ICE’s own materials note historical arrest patterns for specific offense types (DUI, drug possession, assault, traffic crimes), but recent reporting shows a changing composition in 2025 [11] [2].

6. Why this matters politically and legally

The discrepancy between administration messaging (“targeting murderers, rapists, and gang members”) and aggregate arrest data provides fodder for critics who say enforcement is indiscriminate and for supporters who stress targeted operations that removed serious offenders [2] [10]. Local variation also matters: state and municipal policies that limit cooperation with federal authorities affect who ICE can arrest, which in turn alters the composition of national totals [6].

7. Bottom line and reporting limits

The body of reporting and research in the current sources demonstrates a clear, documented increase in ICE arrests of people with no criminal convictions during the January–October 2025 period, including specific counts like “nearly 75,000” and local percentages up to 58% or higher [1] [4] [2]. Sources do not provide a single, definitive nationwide percentage for all of 2025 because methodologies and time windows differ across datasets; available sources do not mention a single reconciled national figure covering every ICE arrest in 2025 [5] [3].

Want to dive deeper?
What percentage of ICE agents have prior criminal convictions compared to other federal law enforcement agencies?
Do background checks for ICE agents differ from those for FBI, Border Patrol, or CBP hires?
Have any studies or audits investigated misconduct or criminal histories among ICE personnel since 2015?
What are the hiring, vetting, and disciplinary processes for ICE agents accused of crimes?
How has congressional oversight or policy changed ICE recruitment and background screening after high-profile incidents?