ICE Detentions Surge Among Non‑Criminals — Data Show a 2,000%+ Increase

New transparency data published by Immigration and Customs Enforcement (ICE) show a dramatic rise in people held in federal immigration detention who lack U.S. criminal convictions or charges. On Nov. 16 the agency reported holding 65,135 people across U.S. facilities — the highest figure publicly released to date. Nearly half of that population, 30,986 people (48%), were listed as "immigration violators" with no criminal charges or convictions in the United States.

Key figures

ICE’s released breakdown shows:

• 30,986 (48% of detainees) listed as having no U.S. criminal charges or convictions;
• 17,171 (about 26%) with criminal convictions;
• 16,978 (about 26%) with criminal charges pending.

The statistics do not specify the severity or nature of criminal allegations or convictions; they can range from serious violent felonies to misdemeanors or immigration-related offenses such as illegal re-entry.

Biggest growth among non‑criminals arrested by ICE

ICE’s custody population includes people initially arrested by that agency inside U.S. communities or jails as well as individuals first taken into custody by Customs and Border Protection (CBP), primarily at the border. As of Nov. 16, ICE reported that 52,510 detainees had been initially taken into ICE custody, while 12,625 were initially arrested by CBP.

When focusing solely on people first arrested by ICE (excluding CBP), the agency’s data show a 2,143% increase in detainees listed as non‑criminal — rising from 945 on Jan. 26 to 21,194 on Nov. 16. Over that same period, ICE arrests of people with convictions rose 73% and arrests of people with pending charges rose 226%.

For the first time in ICE’s publicly released records, the number of non‑criminal detainees arrested by ICE exceeded the number of detainees with criminal convictions. Between Sept. 21 and Nov. 16 the non‑criminal group grew by roughly one‑third while the population with convictions stayed nearly flat.

Policy context and legal considerations

The numbers highlight a gap between public statements about enforcement priorities and reported practice. Administration officials have said deportation efforts would prioritize those described as "the worst of the worst," but the expanding share of detainees listed solely for civil immigration violations indicates broader enforcement. Senior officials have also signaled support for making "collateral arrests" — detaining anyone found to be in the country illegally even if they were not the intended target of an operation; such practices were restricted under the prior administration’s policies.

Department of Homeland Security spokeswoman Tricia McLaughlin said the administration is "targeting the worst of the worst criminal illegal aliens — including murderers, rapists, gang members, pedophiles, and terrorists." She also asserted that 70% of those arrested by ICE had criminal charges or convictions, but did not provide a timeframe or supporting breakdown. McLaughlin added that some detainees listed as non‑criminals could have foreign warrants or criminal histories abroad or pose national security concerns; DHS has not published detailed data to quantify those claims.

Under federal law, authorities may arrest, detain and place into removal proceedings anyone suspected of violating immigration law regardless of U.S. criminal history. Some people detained for civil immigration violations may nevertheless be eligible for forms of relief, such as asylum, that can delay or prevent deportation.

The ICE transparency data provide a snapshot of how enforcement practices and detention populations have shifted and raise questions about how many people held on civil immigration grounds truly lack disqualifying records and how many ultimately qualify for legal protections.