Keep Factually independent
Whether you agree or disagree with our analysis, these conversations matter for democracy. We don't take money from political groups - even a $5 donation helps us keep it that way.
Fact check: Is ice detaining immigrants with only civil or criminal violations
1. Summary of the results
The evidence overwhelmingly shows that ICE is detaining immigrants for both civil and criminal violations, not exclusively one or the other. Multiple sources reveal a significant pattern of detention based on civil immigration violations alone:
- 72% of people in ICE detention have no criminal record, indicating the majority are held for civil violations [1]
- Nearly half of the current 59,000 people in ICE detention have no criminal record [2]
- There has been a 250% increase in new detentions of people facing only civil immigration charges [2]
- 65% of people booked into ICE detention since October 2024 have no criminal convictions, with over 93% never convicted of violent offenses [3]
While ICE's Priority Enforcement Program officially focuses on convicted criminals and those who pose public safety dangers [4], the actual detention data contradicts this stated priority, showing widespread detention of individuals with no criminal background.
2. Missing context/alternative viewpoints
The original question lacks crucial context about ICE's evolving detention practices and policy shifts:
- Detention numbers have reached record levels, with over 97,000 people detained in the first five months of the Trump administration alone [2]
- The data shows sharp increases in detentions of non-criminal immigrants, representing a significant policy shift from stated enforcement priorities [2]
- Specific cases of retaliation exist, such as Dr. Badar Khan Suri, who was detained by ICE in apparent retaliation for his speech and association, highlighting targeting for civil violations rather than serious crimes [5]
Political and institutional stakeholders who benefit from expanded detention include:
- Private prison companies that profit from increased detention capacity and funding
- Political figures who can claim tough enforcement statistics regardless of criminal history
- Federal agencies receiving massive budget increases for immigration detention operations [1]
3. Potential misinformation/bias in the original statement
The original question contains an implicit false binary assumption that ICE detains immigrants with "only civil OR criminal violations," when the evidence clearly shows ICE detains immigrants with both types of violations simultaneously. This framing obscures the reality that:
- The majority of ICE detainees have no criminal record and are held solely on civil immigration charges [1] [3]
- Official enforcement priorities stating focus on criminals do not match actual detention practices, which increasingly target non-criminal immigrants (p2_s1 vs. p3_s1, p3_s2)
- The question's structure suggests these are mutually exclusive categories, when in fact civil immigration violations form the legal basis for most ICE detentions, regardless of criminal history
The framing potentially serves to minimize public concern about mass detention by implying it primarily targets criminals, when federal data demonstrates the opposite trend.