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Fact check: Does ICE deport documented immigrants with no criminal background

Checked on June 12, 2025

1. Summary of the results

The evidence strongly indicates that ICE does detain and deport documented immigrants with no criminal background. Multiple data points support this:

  • As of February 2025, 14% of ICE detainees were non-criminal immigrants [1]
  • Out of 41,169 immigrants in ICE detention facilities, 22,538 (more than half) had no criminal record [2]
  • In early February 2025, 41% of 4,422 new detainees had no criminal convictions or pending charges [3]
  • During fiscal year 2024, 28% of 113,431 immigration arrests targeted individuals with no criminal backgrounds [1]

2. Missing context/alternative viewpoints

Several important contextual elements are missing from the original question:

  • ICE conducts "collateral arrests," where they detain people not originally targeted, including family members without criminal histories [4]
  • Being undocumented is a civil penalty, not a federal crime [2]
  • ICE has even detained U.S. citizens who couldn't immediately prove their citizenship [5]
  • Some arrests occur without clear legal justification or warrants [5]
  • Specific examples include Mauritanian asylum seekers and a Mexican worker with 15 years of residence [6]

3. Potential misinformation/bias in the original statement

There are several competing narratives and potential biases to consider:

  • ICE's public statements about focusing on criminals contradict their actual practices [1]
  • The Department of Homeland Security's stance that immigrants without criminal records are "far from innocent," despite providing no supporting evidence [3]
  • The question itself oversimplifies a complex issue by not addressing the distinction between civil and criminal violations
  • Who benefits from these narratives:
  • Law enforcement agencies benefit from portraying all detainees as potential threats, as evidenced by DHS's stance
  • Immigration advocacy groups benefit from highlighting non-criminal deportations to demonstrate systemic overreach
  • Political actors can use either narrative to support their immigration policy positions
Want to dive deeper?
What is the difference between documented and undocumented immigrants in ICE enforcement?
How often does ICE deport legal permanent residents with criminal records?
What legal protections do documented immigrants have against deportation?
Can ICE detain green card holders without criminal backgrounds?
What are the most common reasons ICE deports documented immigrants?