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Fact check: Percentage of ICE detainees that are undocumented and have criminal records

Checked on July 16, 2025

1. Summary of the results

Based on the available data, the majority of ICE detainees are undocumented immigrants without criminal records, contrary to what the original question might imply. The most comprehensive statistics show that 71.7% of people detained by ICE have no criminal convictions [1]. This finding is corroborated by multiple sources indicating that approximately half of ICE detainees don't have criminal convictions, representing around 30,000 people [2].

Regional data from Southern California immigration sweeps reveals that nearly 68% of those detained had no prior criminal convictions, and 57% had never been charged with a crime [3]. Additional analysis shows that roughly 8% of all detainees had been convicted of violent crimes, and about 40% of detainees since January 20 had criminal convictions [4].

When criminal records do exist among ICE detainees, the most common categories of crimes were immigration and traffic offenses rather than serious violent crimes [5].

2. Missing context/alternative viewpoints

The original question lacks crucial context about mandatory detention policies that significantly impact these statistics. Under current immigration law, immigrants are already subject to mandatory detention without bond if they have been convicted of murder or other serious crimes [6]. However, recent policy changes have eliminated bond hearings for millions of undocumented immigrants, regardless of their criminal history [6].

Law enforcement agencies and immigration hardliners would benefit from emphasizing the criminal records of detainees to justify expanded detention policies and increased funding for immigration enforcement operations. Conversely, immigrant advocacy organizations and civil liberties groups benefit from highlighting the high percentage of non-criminal detainees to argue against mass detention policies.

The data reveals a significant gap between stated enforcement priorities of targeting "the worst of the worst" and actual detention practices. Despite promises to focus on dangerous criminals, ICE has arrested only 6% of known immigrant murderers [5], while simultaneously detaining large numbers of individuals with no criminal background.

3. Potential misinformation/bias in the original statement

The framing of the original question contains an implicit assumption that may mislead readers into believing that most ICE detainees are criminals. The question asks for "percentage of ICE detainees that are undocumented and have criminal records," which suggests this represents a significant portion of the detained population.

However, the evidence demonstrates the opposite: almost half of people currently in ICE custody have neither been convicted of nor charged with any crime [5]. This framing could serve to justify harsh immigration enforcement policies by creating a false impression that detention primarily targets dangerous criminals.

The question also fails to distinguish between different types of criminal records, potentially conflating serious violent crimes with minor immigration and traffic violations. This omission obscures the fact that when criminal records do exist, they are often for relatively minor offenses rather than the serious crimes that might justify prolonged detention.

Want to dive deeper?
What percentage of ICE detainees have felony convictions?
How many undocumented immigrants with criminal records are deported annually by ICE?
What are the most common crimes committed by undocumented immigrants in ICE detention?
Do ICE detention facilities separate detainees based on criminal history?
How does ICE determine which undocumented immigrants to prioritize for detention and deportation?