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Fact check: Is ICE arresting any non-illegals or non-criminals?

Checked on August 20, 2025

1. Summary of the results

Based on the analyses provided, ICE is indeed arresting significant numbers of non-criminals and individuals without serious criminal records. The data reveals a clear pattern:

  • 37% of ICE arrests in July 2025 were of people with no U.S. criminal convictions or pending charges [1]
  • 71.7% of people detained by ICE have no criminal convictions, with only 6.9% of those with convictions having committed violent crimes [2]
  • Nearly half of the 59,000 people currently held in ICE detention have no criminal record [3]
  • ICE has arrested over 7,000 immigrants in California since the Trump administration took office, with a significant increase in arrests of people with no criminal history [4]

The evidence shows that ICE arrests of migrants without criminal records have surged nearly 200 percent [1], indicating a substantial shift in enforcement priorities toward targeting non-criminal individuals.

2. Missing context/alternative viewpoints

The original question lacks important context about ICE's official enforcement priorities versus actual practices:

  • ICE officially claims it focuses on those who pose the greatest threat to public safety and border security and states it does not conduct "raids" or target individuals indiscriminately [5]
  • The Priority Enforcement Program (PEP) was designed to focus on individuals convicted of significant criminal offenses [6]
  • However, the Trump administration's push for mass deportations has involved various law enforcement agencies in immigration-related cases, including nonviolent administrative offenses [7]

Who benefits from different narratives:

  • Immigration enforcement agencies and contractors benefit financially from expanded detention operations targeting broader populations
  • Political figures supporting strict immigration policies benefit from demonstrating high arrest numbers, regardless of criminal status
  • Private detention facility operators profit from increased detentions of both criminal and non-criminal immigrants

The analyses also reveal that ICE operations include cases involving serious crimes such as murder, child exploitation, and narcotics offenses [8], but these represent a minority of total enforcement actions.

3. Potential misinformation/bias in the original statement

The original question contains implicit bias through its terminology:

  • The term "non-illegals" is problematic as it assumes all undocumented immigrants are "illegal," when many may have valid asylum claims or other legal protections
  • The question frames the issue as if ICE should only arrest "criminals," ignoring that immigration violations are civil matters, not criminal ones
  • The question fails to distinguish between violent criminals and those with minor infractions or administrative violations

The framing suggests surprise that ICE would arrest non-criminals, when the data clearly shows this has become standard practice [1] [2] [3]. Additionally, ICE's own official statements contradict the documented reality of their enforcement patterns [5], suggesting potential institutional misinformation about actual practices versus stated policies.

Want to dive deeper?
What are the criteria for ICE to arrest non-criminal immigrants?
How many non-criminal immigrants were arrested by ICE in 2024?
Can ICE detain lawful permanent residents without a criminal record?
What rights do non-criminal immigrants have during ICE encounters?
Which ICE policies allow for the arrest of non-criminal immigrants?