Fact check: What are the specific grounds for ICE to detain a non-citizen?

1. Summary of the results

Based on the analyses provided, ICE has several specific grounds for detaining non-citizens, which can be categorized into distinct legal frameworks:

Criminal-Based Detention:

• ICE detains individuals who have been convicted of serious crimes including burglaries, kidnapping, homicide, sexual assault, weapons offenses, drug trafficking, and human trafficking ^[1]
• The agency targets those with criminal records involving murder, sex crimes, gang membership, and drug trafficking ^{[2] [3]}
• Specific examples include individuals convicted of sexual exploitation of children, assaulting federal agents, and human smuggling ^[4]

Immigration Status-Based Detention:

• ICE can detain non-citizens who are considered "arriving aliens" or "applicants for admission", which includes individuals who entered the U.S. without permission, regardless of how long they have been in the country ^[5]
• The agency detains those who have been ordered removed by a federal immigration judge ^[2]

Risk Assessment Detention:

• ICE uses discretionary authority to detain individuals deemed a public safety threat, national security risk, or flight risk ^{[1] [6]}
• The agency considers factors such as risk of flight, national security threats, and humanitarian considerations when making custody determinations ^[6]

2. Missing context/alternative viewpoints

The original question lacks several important contextual elements that significantly impact how ICE detention operates in practice:

Policy Changes and Their Impact:

• The Trump administration implemented a no-bail policy for immigrants in the U.S. illegally, which is being challenged in court and affects tens of thousands of noncitizens and their families ^[7]
• Under this policy, even immigrants who have spent years inside the country are still considered "applicants for admission" and are not eligible to ask an immigration judge for release on bond ^[5]

Detention of Non-Criminal Immigrants:

• Detentions of immigrants without criminal histories have risen sharply, with over 97,000 people detained by ICE, and nearly half having no criminal record ^[8]
• Among those with criminal convictions, the majority were not for violent offenses, with traffic-related offenses making up the largest category ^[8]
• Only about 8% of detainees have violent convictions ^[8]

Facility Conditions:

• Federal judges have ordered improved conditions for ICE detainees at facilities like 26 Federal Plaza, indicating subpar detention conditions ^[9]

3. Potential misinformation/bias in the original statement

The original question itself does not contain misinformation, as it simply asks for factual information about ICE detention grounds. However, the question's framing could lead to incomplete understanding if not properly contextualized:

Oversimplification Risk:

• The question might imply that ICE detention is primarily based on clear, objective criteria, when in reality ICE exercises significant discretionary authority in custody determinations ^[6]
• The focus on "specific grounds" could obscure the fact that policy changes have dramatically expanded detention practices beyond traditional criminal-based detention ^{[7] [8]}

Missing Scope Context:

• The question doesn't acknowledge that detention practices have evolved significantly under different administrations, with current policies affecting individuals who previously might not have been detained ^{[7] [8]}
• It fails to capture that non-criminal detention has become increasingly common, representing a significant shift in enforcement priorities ^[8]