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Fact check: Can ICE arrest and deport immigrants with no prior convictions?

Checked on September 12, 2025

1. Summary of the results

The analyses provided suggest that ICE can arrest and deport immigrants with no prior convictions [1]. According to the data, people with no criminal convictions make up a significant portion of those deported, with two-thirds of the more than 120,000 people deported between January and May having no prior convictions [1]. Additionally, nearly half of the record 59,000 people currently being held in ICE detention have no criminal record [2]. This trend is further supported by other sources, which report that 65% of people booked into ICE detention since October 2024 have no criminal convictions [3], and that roughly half of the 61,000 people held in immigration detention have no criminal record [4]. The majority of the analyses confirm that ICE does arrest and deport immigrants without prior convictions, with some sources noting that detentions of immigrants without criminal histories have risen sharply [2] and that many arrests target individuals with no prior convictions [4].

2. Missing context/alternative viewpoints

Some key context that is missing from the original statement includes the fact that local law enforcement can lead to ICE arrests, even in sanctuary cities [5], and that ICE's enforcement priorities and procedures play a significant role in determining who is arrested and deported [6]. Additionally, the original statement does not provide information on the specific circumstances under which ICE can arrest and deport immigrants with no prior convictions, such as the presence of a detainer or suspicion of being in the country illegally [5]. Alternative viewpoints, such as the official ICE website, do not directly address the question of whether ICE can arrest and deport immigrants with no prior convictions, but do provide information on ICE's enforcement priorities and procedures [6]. It is also important to consider the potential impact of changes in immigration enforcement policies on the number of immigrants with no prior convictions being arrested and deported [7].

3. Potential misinformation/bias in the original statement

The original statement may be considered neutral or factual, as it simply asks whether ICE can arrest and deport immigrants with no prior convictions, without taking a stance or presenting a biased perspective [1] [2] [5] [6] [3] [7] [4]. However, some sources may be considered more credible or trustworthy than others, such as The Marshall Project or NBC News, which provide data-driven analysis and reporting on the topic [1] [7]. On the other hand, the official ICE website may be seen as less objective, as it presents information from the perspective of the agency itself [6]. Overall, the majority of the analyses suggest that ICE can and does arrest and deport immigrants with no prior convictions, and that this trend has been increasing in recent years [1] [2] [3] [7] [4].

Want to dive deeper?
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