Ice Arrested Many Immigrants Without Criminal Records
ICE Arrested Many Immigrants Without Criminal Records: What the 2026 Data Shows
ICE arrested many immigrants without criminal records during the expansion of U.S. immigration enforcement in 2025 and 2026. Federal arrest data obtained through public-records litigation shows that substantial numbers of people arrested by U.S. Immigration and Customs Enforcement (ICE) had neither a recorded U.S. criminal conviction nor a pending criminal charge.
In an analysis published January 28, 2026, FactCheck.org found that approximately one-third of ICE arrests between January 20 and October 15, 2025 involved people with neither a criminal conviction nor a pending charge. A later Deportation Data Project report, published September 8, 2026, found that only 27% of the interior ICE arrests leading to detention bookings in July 2026 involved people with recorded criminal convictions.
These findings document the criminal-history composition of certain ICE enforcement actions. They do not establish that everyone arrested without a criminal record had lawful immigration status, nor do they mean every immigration arrest was a criminal prosecution.
Editorial review: October 20, 2026. Data sources include federal ICE records, the Deportation Data Project and published independent analyses. Statistics reflect the specific time periods indicated.
Did ICE Really Arrest Immigrants Without Criminal Records?
Yes. ICE’s own enforcement classifications include a category for individuals with no recorded criminal convictions or pending criminal charges. Independent analysts reviewing individual-level federal records documented a substantial rise in those arrests in 2025 and continued growth in enforcement involving people without criminal convictions in 2026.
Primary analysis: Understanding the Summer 2026 Surge in ICE Arrests.
Independent review: FactCheck.org — As ICE Arrests Increased, a Higher Portion Had No U.S. Criminal Record.
How Many Immigrants Arrested by ICE Had No Criminal Record?
The answer depends on how the government classifies criminal history and which arrests are being counted.
FactCheck.org analyzed ICE arrest records obtained by the Deportation Data Project and published its findings in January 2026. The analysis covered arrests from January 20 through October 15, 2025.
ICE arrests by criminal-history classification in 2025
| Criminal-history classification | Share of arrests | Meaning |
|---|---|---|
| Recorded criminal conviction | 36.5% | A prior U.S. criminal conviction was recorded in the dataset. |
| Pending charge, without recorded conviction | 29.8% | A criminal charge was pending, but there was no recorded prior conviction. |
| No conviction or pending charge | Approximately 33.7% | ICE records did not identify either category at the time of the enforcement action. |
These figures apply to the January 20–October 15, 2025 arrest cohort. They should not be presented as the breakdown for all of 2026 or all people currently in detention.
The same analysis found that the share of arrests involving people with neither a conviction nor a pending charge increased over successive portions of 2025.
What changed in summer 2026?
In a report published September 8, 2026, the Deportation Data Project documented a surge in interior ICE arrests during June and July 2026.
Its analysis found that 27% of July 2026 interior arrests leading to detention bookings involved people with recorded criminal convictions, the lowest such share in the data used for that analysis.
The other 73% lacked a recorded criminal conviction, but that group included both people facing pending charges and people with neither charges nor convictions.
What do the 2026 findings mean?
The data show that increased immigration enforcement was not limited to people with previously recorded criminal convictions.
The September 2026 analysis also identified increased transfers from local jails and greater cooperation between ICE and state or local law-enforcement agencies.
The study’s authors cautioned that the available data could not fully determine why certain detention and transfer patterns increased.
See the September 2026 study and its interactive underlying figures.
What Does “Without Criminal Records” Mean in ICE Data?
ICE’s enforcement statistics distinguish among people with recorded criminal convictions, people with pending charges, and people without either category.
The distinctions are essential because an arrest, a pending charge, a conviction and an immigration violation are not interchangeable legal concepts.
| Term | Meaning | Important limitation |
|---|---|---|
| Criminal conviction | A conviction recorded for an offense under applicable criminal law. | The category does not identify the seriousness of the conviction without additional detail. |
| Pending criminal charge | A criminal allegation awaits final resolution. | A charge is not proof of guilt. |
| No conviction or pending charge | Neither is recorded in ICE’s classification at the relevant time. | Does not necessarily establish lawful immigration status or the absence of foreign criminal-history information. |
| Civil immigration violation | A violation of applicable immigration requirements that can create removability. | Many immigration violations are handled through civil administrative proceedings, not criminal prosecutions. |
| Administrative immigration arrest | ICE takes a person into custody under immigration enforcement authority. | It is not automatically an arrest on a criminal indictment. |
| ICE detention | Custody connected to immigration proceedings or removal. | Being detained does not automatically mean a criminal conviction exists. |
Does “no criminal record” mean the person is legally present?
No. Criminal-history status and immigration status are separate questions.
A person may have no criminal conviction but still face immigration proceedings involving an expired visa, an alleged violation of immigration status, an outstanding removal order or another legal ground of removability.
Conversely, an old conviction does not automatically establish that a person is removable in every circumstance. The applicable immigration statute, conviction details and any available relief must be considered.
Can immigration violations be criminal offenses?
Some conduct involving immigration can violate criminal statutes, such as certain unlawful reentry offenses. Other violations, including many situations involving an overstay of authorized admission, are generally addressed under civil immigration law.
The precise distinction matters when an article uses words such as “criminal,” “charged,” “arrested” and “deported.”
Official reference: ICE Enforcement and Removal Operations Statistics and Definitions.
Why Can ICE Arrest Someone Without a Criminal Record?
ICE can conduct immigration enforcement against certain noncitizens who are legally subject to arrest or removal under federal immigration law.
This authority is separate from the question of whether a person has previously been convicted in a U.S. criminal court.
Examples of circumstances that may result in an immigration arrest
- A person is believed to be present in the United States without current immigration authorization.
- A previously authorized period of admission has expired.
- A person has an outstanding or executable immigration removal order.
- An immigration status violation is alleged under applicable federal law.
- ICE assumes custody following a local jail release or custodial transfer.
- A person is taken into custody in connection with immigration enforcement at a field office or other location.
- A criminal conviction or pending charge creates an additional enforcement issue.
These examples describe situations in which immigration enforcement may arise; they do not determine whether a specific arrest was lawful.
Are all ICE arrests criminal arrests?
No. ICE states in its official statistics documentation that Enforcement and Removal Operations primarily makes administrative arrests based on immigration removability, while also having certain criminal law-enforcement responsibilities.
This distinction explains why someone can be held in ICE custody even without a criminal charge pending in a state or federal criminal court.
Official background: ICE — Detention and Enforcement Operations.
What Has DHS Said About ICE Arrests and Criminal History?
The Trump administration has publicly emphasized the arrest and removal of noncitizens with serious criminal records and people considered public-safety or national-security threats.
Department of Homeland Security officials have also argued that some people classified as having no U.S. criminal record may have other immigration violations, foreign criminal histories or national-security concerns.
These claims should be evaluated separately from the actual criminal-history categories in ICE datasets.
Why do some officials describe roughly 70% as having criminal records?
In statements examined by FactCheck.org in January 2026, administration officials described approximately 60% to 70% of ICE arrestees as criminals.
The available arrest data for January 20 through October 15, 2025 showed that approximately 66% had either a recorded conviction or a pending criminal charge.
That combined figure is not the same as the percentage with criminal convictions alone, which was approximately 36.5%.
For 100 hypothetical arrests matching the approximate 2025 data proportions:
- About 37 people would have recorded convictions.
- About 30 would have pending charges without recorded convictions.
- About 33 would have neither.
It would be inaccurate to describe all 67 people in the first two groups as convicted criminals. It would also be inaccurate to describe all 63 people without convictions as having no criminal charges.
What about alleged criminal records in other countries?
DHS officials have said that some people without recorded U.S. convictions or charges may have offenses or security concerns associated with other countries.
FactCheck.org reported in January 2026 that DHS had not provided publicly verifiable aggregate data showing how many people in the no-U.S.-record category had such foreign criminal histories or other alleged connections.
That uncertainty does not prove the claims false for every individual. It means the publicly released arrest data do not substantiate a reliable overall percentage.
What can the data establish about violent crime?
A broad conviction category does not identify whether an offense involved violence, drugs, traffic or another type of charge.
An independent analysis cannot establish how many ICE arrestees had committed specific serious crimes unless it has reliable offense-level information.
For the detailed comparison of DHS statements and recorded arrest categories, see FactCheck.org’s January 2026 analysis.
How Did ICE Arrests Involving Local Police and Jails Change?
ICE does not make all immigration arrests through independent operations in neighborhoods or at immigration offices.
Some arrests occur through transfers from local jails or other correctional facilities. State and local agencies may also cooperate with federal immigration authorities through authorized agreements.
Immigration detainers
An ICE immigration detainer is a request to a federal, state or local detention agency concerning a person whom ICE seeks to take into immigration custody.
According to ICE, a detainer may ask the receiving agency to notify ICE before release and to maintain custody for up to 48 additional hours under the applicable federal framework.
ICE describes detainers as requests rather than automatically binding commands. Whether a particular agency honors the request and the legal limits on continued detention depend on applicable law.
Official reference: ICE — Immigration Detainers.
Section 287(g) agreements
Section 287(g) of the Immigration and Nationality Act provides a framework under which qualifying state and local law-enforcement officers can perform specified immigration enforcement functions through agreements and supervision.
The Deportation Data Project’s September 2026 report documented an increase in enforcement activity associated with 287(g) and other local cooperation during 2025 and 2026.
Its analysis also identified increasing requests involving people without recorded convictions.
Does a jail transfer mean the person was convicted?
No. A person may be booked into a local jail after an arrest, then have charges dismissed or never filed.
ICE may take custody in circumstances that do not involve a completed criminal conviction.
ICE Arrests, Detentions and Deportations: Why the Numbers Differ
News articles often use several immigration enforcement statistics together. They measure different events and should not be treated as interchangeable.
| Metric | What it measures | Key limitation |
|---|---|---|
| ICE arrest | An immigration enforcement arrest recorded by ICE. | An arrest does not necessarily mean the person was detained long-term or deported. |
| Interior arrest | An ICE arrest within the United States, generally distinguished from apprehensions at the border. | Not a complete count of all federal border or immigration enforcement activity. |
| ICE detention booking | A recorded entry into immigration detention. | Not every arrest necessarily results in a detention booking. |
| Detention population | People held in ICE custody at a given date or over a defined reporting period. | This is not the same as the number of new arrests. |
| ICE detainer | An immigration custody request directed to another agency. | A request does not establish that a person was transferred or convicted. |
| Removal or deportation | A person is removed under the applicable immigration process. | Not every person arrested or detained is ultimately removed. |
| Criminal conviction | A criminal court or authorized tribunal entered a conviction. | Not synonymous with an immigration removal order. |
Why should reports specify the time period?
An arrest cohort from January through October 2025 and the population in detention during January 2026 are not directly comparable.
People may remain detained for different lengths of time, and release, removal and detention policies affect the composition of the population.
Similarly, the July 2026 conviction percentage published by the Deportation Data Project concerns a defined set of interior arrests leading to detention bookings, rather than every person encountered by all federal immigration agencies.
Where can readers inspect the underlying government data?
The Deportation Data Project publishes processed ICE records obtained through Freedom of Information Act litigation and provides downloadable datasets, technical documentation and interactive exploration tools.
Its data resources cover arrests, detainers, detention stays and related enforcement activity. The published descriptions distinguish individual detention stays from facility stints, because transfers between facilities can otherwise lead to double counting.
How to Find an Immigrant Arrested or Detained by ICE
If you need to locate someone believed to be in ICE custody, the official starting point is the ICE Online Detainee Locator System (ODLS).
The system is free to use and allows searches through identifying information. It does not require access to someone’s confidential criminal-history report.
Step-by-step ICE detainee search
-
Open the ICE detainee locator.
Visit the official Department of Homeland Security website at locator.ice.gov.
-
Choose the search method.
You can search using the person’s A-Number and country of birth, or use their exact first and last names together with the required biographical information.
-
Enter the A-Number where available.
The locator requires a nine-digit A-Number. If the person’s number contains fewer than nine digits, add the required leading zeros.
-
Select the country of birth.
The website uses this information to help locate the correct record.
-
Review the search result.
If a matching detention record appears, follow the facility and contact information provided.
-
Contact ICE if there is no result.
The system may not display every person immediately, and juveniles under 18 are not searchable through ODLS. An ICE ERO field office may provide further information through authorized channels.
-
Contact the detention facility or legal representative.
For legal questions, court proceedings, release eligibility or deadlines, seek help from a qualified immigration attorney or accredited representative.
ICE Detention Reporting and Information Line
Telephone: 1-888-351-4024
ICE identifies this as the Detention Reporting and Information Line (DRIL). Its published live-operator hours are Monday through Friday, 8 a.m. to 8 p.m. Eastern Time, excluding federal holidays.
The service can assist with qualifying detention questions, case information and concerns involving detention conditions.
How to Check an Immigration Court Case After an ICE Arrest
An ICE arrest and a criminal court proceeding are separate matters. Many immigration removal cases are handled by immigration judges within the Department of Justice’s Executive Office for Immigration Review (EOIR).
EOIR provides an official Automated Case Information System for eligible immigration court case status inquiries.
How to check immigration proceedings
-
Find the person’s A-Number.
This number may appear on immigration correspondence, a Notice to Appear or other immigration case paperwork.
-
Open EOIR’s official case status service.
Use the online service linked from the EOIR website.
-
Enter the requested identifying information.
Follow the automated system instructions carefully.
-
Review available case information.
The system may show upcoming immigration hearings, decisions and certain appeals.
-
Compare the result with official notices.
EOIR states that official hearing notices and court documents are authoritative. The automated case system does not replace them.
-
Seek legal assistance if needed.
An attorney can review the applicable immigration proceedings, detention circumstances and any available relief.
EOIR automated telephone case status
1-800-898-7180
The EOIR automated case hotline provides qualifying case information in English and Spanish.
The automated system does not include every type of motion or bond proceeding, so legal and case-specific questions may require further assistance.
Is an immigration case a criminal case?
Removal proceedings are generally civil administrative proceedings, not criminal trials.
An immigration judge may determine removability or eligibility for certain protections or relief, but that is not the same as deciding whether someone is guilty of a separate state or federal criminal charge.
How to Obtain ICE Arrest Records or Verify Criminal History
The proper records source depends on whether you need an immigration arrest record, a criminal court judgment, a state criminal-history report or immigration court documents.
| Record needed | Where to start | What it can establish |
|---|---|---|
| ICE custody location | ICE Detainee Locator | Available current ICE detention information. |
| Immigration court case status | EOIR Case Information | Qualifying immigration hearing dates and decisions. |
| State or county criminal conviction | State trial court or county criminal court clerk | Specific criminal case history and disposition. |
| Federal criminal prosecution | Federal PACER | Eligible federal criminal court proceedings and judgments. |
| Personal FBI criminal-history report | FBI Identity History Summary | Fingerprint-based record review for the record subject. |
| ICE records request | ICE FOIA Office | Request agency records under the Freedom of Information Act, subject to privacy and other exemptions. |
Can the public obtain another person’s full ICE or FBI file?
Not automatically. Federal privacy laws and Freedom of Information Act exemptions limit access to many personally identifiable law-enforcement and immigration records.
The record subject or an authorized representative may have access rights that an unrelated third party does not.
How can someone verify a claim that a detainee has a conviction?
The most reliable proof of a particular criminal conviction is the official court case and judgment.
If a government statement identifies a criminal charge, check the criminal court that handled the proceeding and read its final disposition.
An arrest report, pending charge, detainer or administrative immigration warrant alone does not establish criminal guilt.
What about corrections to criminal-history information?
If the record subject believes a criminal-history entry is incorrect, the relevant court or reporting agency may have a correction procedure.
An FBI Identity History Summary challenge and a motion to correct a criminal court judgment are different procedures. A qualified attorney can help identify the appropriate next step.
What Can Families Do if Someone Without a Criminal Record Is Detained by ICE?
A lack of criminal convictions does not by itself determine whether a person is entitled to release from immigration custody. Individual detention rules and legal circumstances matter.
For someone trying to locate a family member or understand a specific case, the following steps provide a practical starting point.
-
Locate the individual through ICE’s official system.
Use the person’s A-Number or exact name and country of birth through the detainee locator.
-
Identify the detention facility.
Obtain the facility contact information and ask about its communication and legal visitation procedures.
-
Check the immigration case status.
Use EOIR’s automated service to identify hearings and available case information.
-
Obtain the available government documents.
Preserve any Notice to Appear, custody notice, court hearing notice, removal order or release documentation supplied to the individual or lawful representative.
-
Contact a qualified immigration lawyer.
An attorney can evaluate whether detention is challengeable, whether a bond process is available, and whether the person may have relief from removal.
-
Ask about recognized legal aid providers.
EOIR publishes a list of pro bono legal services organized by immigration court location.
-
Confirm any separate criminal charge.
If a criminal prosecution is alleged, locate the corresponding criminal court case and its actual status.
Five Common Mistakes When Reporting ICE Criminal Record Data
| Misleading interpretation | More accurate explanation |
|---|---|
| “Everyone arrested by ICE is a convicted criminal.” | ICE’s own categories include people with pending charges and people with no convictions or pending charges. |
| “Everyone without a conviction has a clean criminal record.” | Some people without convictions face pending charges, and available data may not capture every foreign record. |
| “A person without a criminal record cannot be arrested by ICE.” | Immigration enforcement can be based on civil immigration law; whether a specific arrest is lawful depends on its circumstances. |
| “Everyone detained by ICE is being held for a criminal trial.” | ICE detention is often administrative custody connected to immigration proceedings or removal. |
| “An arrest percentage is the same as a detention or deportation percentage.” | Arrests, custody bookings, detention populations and removals have different denominators and reporting periods. |
How should the headline be understood?
The statement that ICE arrested many immigrants without criminal records is supported when the phrase means that substantial numbers of people had no recorded U.S. convictions or charges.
It should not be interpreted to mean that every such person was legally present, that all arrests were unlawful, or that no person arrested had a serious criminal history.
Likewise, emphasizing arrests involving people with criminal histories does not establish that every ICE arrest involved a convicted offender.
A reliable analysis identifies exactly what the government data measure and distinguishes the conclusions supported by the data from broader political arguments about immigration policy.
ICE Arrested Many Immigrants Without Criminal Records: FAQs
1. Did ICE arrest immigrants without criminal records in 2025 and 2026?
Yes. Federal data obtained by the Deportation Data Project show substantial arrests involving people without recorded U.S. criminal convictions. A FactCheck.org analysis of arrests from January 20 through October 15, 2025 found that approximately one-third involved people with neither a conviction nor a pending charge.
2. What percentage of ICE arrests involved people without criminal convictions?
The percentage varies by time period and population. A September 2026 Deportation Data Project report found that 27% of July 2026 interior ICE arrests leading to detention bookings involved people with recorded convictions; the remaining 73% lacked convictions, although some had pending charges.
3. Can ICE arrest someone who has never been convicted of a crime?
Yes. ICE conducts administrative immigration enforcement under federal law. Certain immigration violations or removal orders can form the basis for enforcement even without a criminal conviction. The legality of a specific arrest depends on the circumstances and applicable law.
4. Does having no criminal record mean a person cannot be deported?
No. Criminal-history status and immigration status are different. A person without a criminal conviction may still face civil immigration removal proceedings if legally removable. Eligibility for relief and the lawfulness of a particular action depend on the individual’s case.
5. What is the difference between pending charges and criminal convictions?
A pending charge is an allegation that has not reached a final resolution. A conviction is a criminal judgment or qualifying legal disposition. Someone facing a pending charge must not automatically be described as convicted.
6. Why do some ICE statistics describe 60% to 70% of arrests as criminal cases?
Some public statements combine individuals with recorded convictions and those with pending criminal charges. An analysis of January–October 2025 ICE arrest records found approximately 36.5% with convictions and 29.8% with pending charges, totaling about 66%. That combined figure is not the conviction rate.
7. How can I find someone arrested by ICE?
Use the official ICE Online Detainee Locator at locator.ice.gov. Search by A-Number and country of birth, or by exact name and required biographical information. If no result appears, contact an ICE ERO field office or call 1-888-351-4024.
8. How do I check an immigrant’s court hearing date?
Use the Department of Justice EOIR Automated Case Information System or call 1-800-898-7180. An A-Number is generally required. Official court notices remain authoritative, and the system does not display every type of proceeding.
9. Are ICE detention records the same as criminal court records?
No. ICE detention records describe immigration custody, while state or federal criminal court records document prosecutions and dispositions. A person may have an immigration detention record without a criminal conviction.
10. Where can I find official ICE arrest statistics?
ICE publishes enforcement statistics through ice.gov/statistics. The Deportation Data Project also publishes processed federal enforcement datasets obtained through public-records requests and related litigation, with documentation and reports explaining how the information is analyzed.
Sources: ICE Arrests, Criminal History and Immigration Records
The following sources provide the underlying statistics, methodology, government definitions and public case lookup instructions used in this guide.
2025–2026 ICE arrest data and research
- Deportation Data Project — Understanding the Summer 2026 Surge in ICE Arrests (September 8, 2026)
- Deportation Data Project — One Year of Immigration Enforcement Under the Second Trump Administration
- Deportation Data Project — Individual-Level ICE Arrest, Detention and Detainer Data
- FactCheck.org — As ICE Arrests Increased, a Higher Portion Had No U.S. Criminal Record (January 28, 2026)
- The Washington Post — How ICE Arrests of Immigrants Without Criminal Records Increased (August 28, 2026)
Official ICE and immigration court resources
- ICE — Enforcement and Removal Operations Statistics
- ICE — Immigration Detention and Enforcement
- ICE — Immigration Detainers and Custodial Requests
- ICE — Official Online Detainee Locator System
- USA.gov — Locate Someone Detained by ICE
- ICE — Attorney Information and Legal Access Resources
- ICE Portal — Official Case Resources and Immigration Procedures
- Department of Justice — EOIR Automated Immigration Case Information
- Department of Justice — Immigration Legal Representation
- EOIR — Free and Pro Bono Immigration Legal Service Providers
- ICE — Freedom of Information Act Records Requests
- U.S. Courts — Federal Criminal Case Records Through PACER