Are the illegal immigrants detained by ICE criminals?
Executive summary
The simple answer is: some people detained by ICE have criminal convictions, but a large and growing share do not — ICE detention is primarily a civil immigration process, not a criminal prosecution — and official data and independent analyses show the agency is detaining many people whose only offense is an immigration violation [1] [2] [3] [4]. ICE and DHS officials emphasize arrests of those with criminal records, but multiple data sources and watchdog analyses indicate significant divergence between rhetoric and who actually sits in detention [5] [3] [6].
1. What “criminal” means in this context: civil vs. criminal law
Being undocumented — including entering or staying in the United States without authorization — is a civil immigration violation, not a federal criminal offense in itself, and ICE’s detention authority operates in a civil, not punitive, system designed to secure immigration proceedings or removals rather than to punish crimes [1] [7].
2. What the numbers show: a substantial share with no criminal conviction
Independent trackers and media analyses report that a large share of people in ICE custody have no criminal conviction; TRAC data indicated that as of late November 2025, roughly 48,377 of 65,735 people held in ICE detention — about 73.6% — had no criminal conviction [3], while The Guardian’s review of government figures found, at a point in 2025, more people detained with no criminal record than those with convictions among ICE arrests [4].
3. ICE’s public posture and competing claims
ICE and DHS spokespeople argue enforcement focuses on “criminal aliens,” and officials cite higher fractions of arrestees with convictions or pending charges — for example, a DHS spokeswoman said 70% of undocumented immigrants arrested had convictions or pending charges — a figure that agencies say excludes other categories such as people wanted for crimes overseas [5]. ICE’s own statistics categorize detainees by conviction status and stress that all who violate immigration law are subject to arrest and detention, regardless of criminal history [2] [8].
4. Why the discrepancy matters: policy, priorities and “collateral” arrests
Analysts say enforcement surges and broad arrest authority produce “collateral” detentions of non-criminals found while searching for people with records, and shifts in priorities can quickly change who is arrested and held in custody [6]. The contrast between political messaging that emphasizes deporting the “worst of the worst” and point-in-time detention counts that show many detainees lack criminal convictions reveals an implicit agenda tension between political rhetoric and operational outcomes [9] [10].
5. Legal and procedural protections — and limits
Noncitizens detained by ICE generally have the right to an immigration hearing and may request relief, but immigration proceedings do not guarantee appointed counsel and bond eligibility depends on criminal and immigration history; federal law permits detention of many noncitizens including some asylum seekers and lawful permanent residents in certain circumstances [11] [7]. Those with certain aggravated-felony convictions face mandatory detention and limited bond options, underscoring that criminal history does affect detention conditions even within the civil system [11].
6. What reporting cannot tell — and what remains true
Available reporting and agency data establish broad patterns — a large number of detainees lack criminal convictions and the system is civil — but they do not and cannot, in aggregate, determine the criminal status of every individual currently detained or capture every nuance [3] [2]. Thus the accurate, evidence-based conclusion is that while some detainees are criminals, many are not; blanket statements that “ICE detainees are criminals” are contradicted by contemporary data and by the legal framework governing immigration detention [3] [1].