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Fact check: What percentage of people being detained by ICE are illegal immigrants. To clarify I am not saying they have a criminal history just that they are illegal immigrants?

Checked on October 16, 2025

Executive Summary

The central claim extracted from the materials is that a substantial and growing share of people detained by ICE have no criminal history, with government data cited showing 16,523 people with no criminal record in detention, compared with 15,725 with a record and 13,767 with pending charges, and earlier counts of over 11,700 with no record as of mid‑June [1] [2]. These figures underpin assertions that nearly a third of ICE arrests are of people without criminal histories and reflect a multi‑percentage‑point shift in the composition of ICE detention since the prior reporting baseline [2].

1. Why the numbers matter and what was claimed loudly

Advocates and critics frame ICE detention composition as proof of priorities: critics argue ICE is detaining noncriminal migrants en masse, while officials have defended enforcement actions as lawful removals. The key quantitative claim is that immigrants with no criminal record are now the largest single group in ICE detention, surpassing those with criminal records and pending charges—16,523 versus 15,725 and 13,767 respectively—creating headlines that nearly one‑third of arrests lacked criminal history [1]. This statistical framing drives policy debates over enforcement priorities and detention capacity.

2. The primary data points reporters highlighted

The supplied analyses cite three recurring data points: a mid‑June snapshot of over 11,700 detained people with no criminal history; a later, larger count of 16,523 with no record; and total detained populations reported in the same reporting cycle reaching about 59,762 across U.S. facilities [2] [1]. Reporters and government summaries use these raw headcounts to calculate shares—phrases like “nearly a third” appear in multiple pieces—though exact percentage calculations vary by the denominator chosen [2] [1].

3. Timeline and percentage framing: how the story of growth is told

Analysts cite a sharp increase since a pre‑inauguration baseline, including a 1,271% increase in the detention of people with no criminal history according to the same dataset, reflecting changes across the enforcement period referenced [2]. This percent increase is used to emphasize trend magnitude rather than current prevalence alone. The reporting emphasizes both absolute counts and growth rates, producing two impressions: a present‑day plurality of noncriminal detainees and a steep relative rise from the earlier period [2].

4. Definitions and an important caveat about labels

The analyses interchange terms such as “no criminal record,” “no track record of being charged or convicted,” and “removable aliens”, while official ICE reporting sometimes uses different categories (e.g., criminal history, pending charges, removable status). That means the label “illegal immigrant” is not consistently defined in the cited summaries: the materials equate detention status with removability and noncitizenship but do not provide a uniform legal definition across datasets, which affects percentage calculations and public interpretation [3].

5. Gaps, omissions and methodological uncertainties reporters flagged

The provided summaries acknowledge data gaps: the ICE Fiscal Year 2024 Annual Report did not explicitly tabulate the percent of detainees who are “illegal immigrants” versus legal noncitizens, and reporting relied on administrative categories that may not align with public usage [3]. The analyses also show different snapshots with varying denominators and dates—mid‑June counts versus aggregated totals—introducing uncertainty about exact percentages unless one fixes a clear numerator and denominator from the same reporting date [2] [1].

6. Competing narratives and possible institutional agendas

Two narratives emerge from the same figures: one positions the numbers as evidence that ICE is detaining many people without criminal histories, calling into question stated priorities; the other frames the data as enforcement of removability that can include noncriminal migrants. The analyses reveal potential agendas—critique of policy direction versus defense of enforcement practice—rooted in selection of baselines, emphasis on percent change, and choice of which detained population to compare [1] [2].

7. Bottom line: what can be stated definitively from the supplied materials

From the provided analyses, it is a demonstrable fact that counts of people in ICE detention with no criminal history rose substantially and, by the cited snapshots, formed the largest single category among detainees—16,523 with no record compared with 15,725 with records and 13,767 with pending charges—with earlier mid‑June counts above 11,700 [1] [2]. What cannot be derived unambiguously from these excerpts is a single universally agreed percentage of detainees who are “illegal immigrants” without criminal histories without reconciling definitions, selecting a consistent denominator, and aligning reporting dates [3].

Want to dive deeper?
What is the current ICE detention capacity in the United States as of 2025?
How many people are detained by ICE annually, and what percentage are later deported?
What rights do undocumented immigrants have during ICE detention and deportation proceedings?
Can ICE detain legal immigrants or green card holders, and under what circumstances?
How does ICE determine the immigration status of individuals during encounters?