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Fact check: How do ICE arrest procedures impact undocumented immigrants with no criminal record?

Checked on August 20, 2025

1. Summary of the results

ICE arrest procedures have dramatically impacted undocumented immigrants with no criminal record under the current Trump administration's expanded enforcement campaign. 37% of ICE arrests in July 2025 were of people with no U.S. criminal convictions or pending charges, representing a nearly 200% surge in arrests of non-criminal migrants [1].

The scale of this impact is substantial: ICE is currently holding a record 59,000 immigrant detainees, with nearly half lacking any criminal record [2]. The number of people in ICE detention without criminal convictions has nearly doubled in recent months, with at least 30,000 people in detention without a criminal record [3].

ICE arrest procedures have expanded beyond traditional enforcement locations, now including arrests of people attending hearings at immigration courts and appointments at USCIS and ICE field offices [4]. This has prompted 86 Representatives to urge DHS to end arrests at immigration courts, noting that many of those arrested do not have criminal records [4].

The deportation data reveals the broader impact: people with no criminal convictions at all make up two-thirds of the more than 120,000 people deported between January and May [5]. Additionally, the monthly number of people deported whose most serious conviction was a traffic violation has more than tripled in the last six months [5].

2. Missing context/alternative viewpoints

The original question lacks important context about the Trump administration's reported goal of arresting 3,000 people every day [6], which provides crucial background for understanding the scale and intensity of current enforcement efforts.

Immigration lawyers and advocates have raised concerns regarding the impact of these efforts on due process and the integrity of the immigration system [6], representing a significant viewpoint missing from the original question.

The Department of Homeland Security under Secretary Kristi Noem frames these enforcement actions as accomplishments, highlighting "securing the southern border, removing thousands of criminal aliens, and delivering justice for victims of illegal immigration" [7]. This represents the administration's perspective that benefits from portraying enforcement as targeting dangerous individuals.

The Trump administration claims that immigration enforcement is focusing on the 'worst of the worst' criminal offenders [1], which directly contradicts the data showing that non-criminal migrants represent the largest share of arrests and deportations.

3. Potential misinformation/bias in the original statement

The original question itself does not contain misinformation, as it is posed as an inquiry rather than making claims. However, it's important to note that the data contradicts the administration's public narrative that enforcement focuses primarily on criminal offenders [1].

The framing by DHS officials who benefit politically and professionally from demonstrating strong enforcement numbers may incentivize the targeting of non-criminal immigrants who are easier to locate and arrest than individuals with serious criminal backgrounds. This creates a potential conflict between stated policy goals and actual enforcement practices.

The absence of specific information about detention standards and oversight mechanisms in most sources [8] suggests that procedural safeguards may not be adequately addressed in public discourse about these arrest procedures.

Want to dive deeper?
What are the grounds for ICE to arrest undocumented immigrants with no prior convictions?
How do ICE agents determine whether an undocumented immigrant has a clean criminal record?
Can undocumented immigrants with no criminal record be eligible for ICE's Alternatives to Detention program?
What role do ICE's Prosecutorial Discretion guidelines play in arresting undocumented immigrants with no criminal history?
How do community-based initiatives impact ICE's approach to arresting undocumented immigrants with no prior crimes?