Is ICE Arresting Only Criminals—Or Anyone With a Civil Immigration Violation?

Quick Answer: Is ICE Arresting Only Criminals? 

ICE is not limited to arresting “the worst of the worst.” ICE can arrest and detain noncitizens with criminal convictions and noncitizens whose only issue is a civil immigration violation, including overstaying a visa or falling out of lawful status.

The government’s repeated use of the phrase “criminal aliens” makes the public think enforcement is limited to violent offenders, but U.S. immigration enforcement authority and real-world detention outcomes are broader than that.

Fast Facts (Key Takeaways)

“Criminal alien” is not one uniform statutory category across immigration law.
Civil immigration violations can trigger arrest, detention, and deportation.
“Enforcement priority” does not mean “only enforcement.”
ICE data classifications often track “convictions,” “pending charges,” and “criminal history” differently.
In immigration law, “aggravated felony” can include nonviolent offenses.
ICE can arrest using administrative authority without a criminal court warrant.
As of late 2025, public detention data showed about 73.6% of ICE detainees had no criminal conviction.
The legally operative issue is removability, not whether DHS labels someone “criminal.”

DHS Keeps Saying “Criminal Aliens” (and “Worst of the Worst”). Here Are Examples.

DHS and ICE repeatedly describe interior enforcement as targeting “criminal aliens” and the “worst of the worst.”

For example, DHS published multiple announcements using that exact framing, including:

ICE also operates a major interior enforcement pipeline called the Criminal Alien Program:

ICE: Criminal Alien Program (CAP)

Why this language matters

Most members of the public hear “criminal aliens” and assume DHS is referring to violent offenders only.

Understanding the focus of ICE operations raises the question: Is ICE Arresting Only Criminals?

But in immigration law and immigration enforcement, “criminal” can be far broader than that—both because of how convictions are categorized, and because ICE enforcement authority also covers civil immigration violations.

The Core Messaging Gap: What the Public Hears vs What the Law Allows

What the public hears when DHS says “criminal aliens”

To most people, the phrase implies:

violent criminals
serious public safety threats
“worst of the worst” offenders

What DHS can mean in practice

In practice, “criminal” in immigration enforcement can include:

nonviolent convictions
old convictions
convictions that trigger immigration consequences even when the conduct is not what the public thinks of as “dangerous”
classifications that focus on “criminal history” categories that may not match the public’s understanding of guilt or severity

And critically:

Even if someone has no criminal conviction at all, ICE can still arrest and detain them based on civil immigration grounds.

That is why “we are focused on criminals” is not the same statement as “only criminals are subject to enforcement.”

A Statutory Example That Shows the Public Confusion: “Undocumented Criminal Alien”

Congress defined a term called “undocumented criminal alien” at 8 U.S.C. § 1231(i)(3). You can see the definition here:

Cornell Law School: “Undocumented criminal alien” definition (8 U.S.C. § 1231)

Important: this definition requires a criminal predicate

The statutory definition is not “any immigration violator.”

It requires that the person:

has been convicted of a felony, or two or more misdemeanors

Why this still matters for public understanding

Even with that criminal predicate, the “undocumented” prong can cover people who originally entered lawfully—such as tourists or students—who later failed to maintain nonimmigrant status.

That means government messaging can blur categories in ways that the public does not naturally track:

“Undocumented” can include former lawful visa-holders who fell out of status (a civil violation), and
“Criminal” can include nonviolent or old convictions, depending on the category and the immigration consequence.

The result is predictable:

The public hears “criminal aliens” and pictures a narrow group, while the operational and legal category can be much wider.

The Real Legal Authority ICE Uses Is Not “Criminals Only”

There is no single statute that limits ICE enforcement to “criminal aliens.”

Instead, ICE relies on broad statutory authority to apprehend, detain, and remove noncitizens who are removable under civil immigration law.

Key statutes include:

What this means in plain English

Civil immigration violations are enough.
A person does not need to be convicted of a crime to be arrested by ICE, detained, and placed in removal proceedings.

Civil vs Criminal: “Illegal” Does Not Always Mean “Criminal”

This point is essential for readers and journalists:

Many immigration violations are civil

Examples include:

overstaying a visa
violating the conditions of F-1 or other nonimmigrant status
unlawful presence
certain status violations that trigger removability

Some conduct can also be prosecuted criminally

Examples can include:

illegal entry prosecuted as a federal misdemeanor (in some cases)
illegal reentry prosecuted as a felony (in some cases)

But even where criminal prosecution is possible, most immigration enforcement is civil, handled in immigration court (EOIR) through removal proceedings.

The Data Problem: “Criminal Aliens” Messaging vs ICE Detention Reality

If DHS messaging leaves the public with the impression that ICE detention is mostly violent criminals, the publicly available data paints a different picture.

“Nearly 3 out of 4 have no criminal conviction” (late 2025 data)

According to TRAC (Transactional Records Access Clearinghouse), as of November 30, 2025:

73.6% of people held in ICE detention had no criminal conviction (48,377 out of 65,735).
Source: TRAC: Immigration Detention Quick Facts

Why “criminal history” claims often confuse the public

A key reason DHS talking points and public interpretations diverge is that different categories get mixed together, including:

no criminal conviction
pending criminal charges
prior arrests
any criminal history
any conviction (including traffic-related convictions)

If a headline says “ICE arrested criminals,” it often does not specify whether that means violent convictions, nonviolent convictions, any conviction, or simply “criminal history” in a database.

For deeper transparency on ICE’s classifications, see:

TRAC: About the Data (ICE detention, convictions, categories)

What “Criminal Alien” Means in Immigration Consequences (Not Headlines)

In immigration law, crimes matter because they can:

create removability grounds
increase detention risk
trigger mandatory detention in some circumstances
block eligibility for relief (asylum, cancellation, adjustment)
create permanent or long-term reentry bars

This is why immigration lawyers focus on:

the statute of conviction
the sentence
the record of conviction
the timing of the offense
whether the offense triggers immigration consequences

A single nonviolent conviction can be immigration-disqualifying.
That fact is frequently lost when “criminal alien” is used as a blanket descriptor.

Scenario-Based Analysis (Real-World Risk Levels)

Scenario 1: Visa overstay, no criminal record

Who this is: A tourist who overstayed a B-1/B-2 visa, or a student who fell out of F-1 status.
Risk level: Medium
Why: Civil immigration violations can trigger removal proceedings and detention in ICE operations.
What can happen next: ICE arrest, custody, an NTA, immigration court proceedings.
Practical options:

Screen for family-based or employment-based options
Avoid signing documents without understanding them
Speak with an immigration lawyer immediately if detained

Scenario 2: Undocumented entry years ago + U.S. citizen kids

Who this is: Parent with long residence and strong equities, no criminal record.
Risk level: Medium to High
Why: Civil removability still applies; long residence does not prevent arrest.
What can happen next: Detention, immigration judge bond issues, removal case.
Practical options:

Evaluate cancellation of removal eligibility
Gather evidence of hardship and good moral character
Prepare a rapid-response family plan

Scenario 3: Green card holder with an old nonviolent conviction

Who this is: Lawful permanent resident with a plea from years ago.
Risk level: High
Why: Some convictions trigger deportability and can block relief.
What can happen next: ICE custody, removal proceedings, limited relief options.
Practical options:

Immediate legal analysis of the conviction
Explore post-conviction relief (where appropriate)
Do not travel internationally without legal screening

Scenario 4: Person with a prior removal order

Who this is: Someone with a past order, even if they have no criminal record.
Risk level: Very High
Why: Prior orders often lead to fast-track detention and removal.
What can happen next: Re-detention, removal execution, limited time to act.
Practical options:

Assess reopening options immediately
Identify fear-based claims where relevant
Get counsel fast—timelines are short

Scenario 5: Pending asylum case or immigration court case

Who this is: Person actively in proceedings, appearing in court, checking in with ICE.
Risk level: Medium to High
Why: Detention patterns can shift regardless of pending cases.
What can happen next: ICE arrest, custody, bond fight, case continuation in court.
Practical options:

Keep proof of pending case and hearing dates accessible
Maintain strong address compliance and documentation
Consult counsel before any changes in strategy

FAQ

1) Can ICE arrest someone with no criminal record?

Yes. ICE can arrest and detain noncitizens based on civil immigration grounds, such as unlawful presence, visa overstays, or status violations.

2) Is being undocumented a crime?

Often, no. Many immigration violations are civil, not criminal. Civil violations can still lead to detention and removal proceedings.

3) What does “criminal alien” mean legally?

It is not one uniform category. Sometimes it refers to noncitizens with certain convictions that trigger immigration consequences, but the term is also used broadly in public messaging.

4) What is an “undocumented criminal alien” under federal law?

Under 8 U.S.C. § 1231(i)(3), it includes a person convicted of a felony or two misdemeanors plus specified immigration status conditions.
Source: Cornell: definition

5) Does “criminal history” mean someone was convicted?

Not necessarily. “Criminal history” can include arrests or charges that did not result in convictions, depending on how data is categorized.

6) Does ICE need a judge-signed warrant to arrest someone?

Not always. ICE frequently uses administrative immigration authority, which is different from a judicial warrant in a criminal case.

7) What happens after an ICE arrest?

Typically, a person may be placed in ICE custody, issued an immigration charging document, and placed into removal proceedings in immigration court.

8) Is it true that many people in ICE detention have no criminal convictions?

Yes. Publicly reported TRAC data has shown that a large share of ICE detainees have no criminal conviction.
Source: TRAC: Immigration Detention Quick Facts

9) Can a green card holder be deported for a crime?

Yes. Some convictions make lawful permanent residents deportable, and some block relief from removal.

10) Can someone be detained even with family in the U.S.?

Yes. Family ties do not prevent arrest or detention, though they may matter in bond and relief analysis.

11) What is the biggest mistake families make after an ICE arrest?

Waiting too long to get legal help and not collecting key documents (prior orders, court dates, convictions, immigration filings).

12) What should families do immediately if someone is detained?

Locate the person, preserve documents, and speak with a qualified immigration lawyer as soon as possible.

What This Means Going Forward

“Criminal aliens” is a powerful phrase, but it does not describe a narrow enforcement universe limited to violent offenders. Immigration law gives ICE authority that reaches civil immigration violations, and publicly available data shows that large shares of ICE detention involve people with no criminal conviction.
For families, employers, and communities, the safest assumption is simple: if someone is removable under civil immigration law, ICE enforcement is legally possible—whether or not the person is labeled “criminal.”

If you or a loved one has had contact with ICE, has a prior removal order, or has any past arrest or conviction, consider getting legal guidance early. You can schedule a confidential consultation here: Schedule a consultation

ICE Arrests, Deportations & “Criminal Aliens”: Resource Directory

Use This Directory If…

You want verified data on who ICE is arresting and detaining
You want to fact-check the claim “ICE only arrests criminals”
A family member is detained and you need next steps in the first 24–72 hours
You need immigration court status and hearing dates
You need reputable legal help and anti-scam resources

1) ICE Arrests, Detention & Deportation Data (Start Here)

A) ICE official statistics (government)

Use for government-published enforcement data and trend dashboards.

Best for: Official totals, agency framing, trend reporting.

B) DHS official immigration statistics (government)

Use for durable statistical reporting used by journalists and policymakers.

Best for: Citations that remain stable across years.

C) Independent detention and court data (highly citable)

Use for detention population details, including conviction/no-conviction breakdowns.

Best for: Testing claims like “ICE only detains criminals.”

D) The one rule that prevents misleading reporting

Before quoting a number, identify whether it measures:

arrests vs detention population vs removals vs bookings
criminal convictions vs criminal charges vs “criminal history”

The same headline can sound true and still mislead if the category definitions are not explained.

2) HLG — ICE Tactics, Aggressiveness, and Real-World Risk

A) ICE aggressiveness / militarized enforcement (analysis)

B) Door encounters and “know your rights” (practical guidance)

C) Bond and the first 72 hours after an ICE arrest (detention survival)

D) “ICE trap” tactics and arrests tied to immigration processes

E) Ohio-specific enforcement patterns (local authority content)

F) Wrongful detention of U.S. citizens (important credibility signal)

Shocking ICE Abuse Against U.S. Citizens

Consultation link (one, calm CTA)

Schedule a confidential consultation

3) Find Someone in ICE Custody (Detention Locator)

Use this first if a loved one is missing after an ICE encounter.

Tip: If nothing appears, the person may still be in CBP custody or the record may not have updated after transfer.

4) Check Immigration Court Hearing Dates and Case Status (EOIR)

Use this to confirm court location, hearing dates, and basic status.

Best for: Families, employers, journalists confirming hearing logistics.

5) Find Free or Low-Cost Immigration Legal Help (Vetted)

6) Report Abuse, Seek Oversight, File Complaints

DHS Civil Rights & Civil Liberties

DHS: File a Civil Rights Complaint (CRCL)

Immigration Detention Ombudsman (detention conditions)

DOJ civil rights reporting

DOJ: Report a Civil Rights Violation

7) Avoid Scams: Notarios, Fake “Immigration Experts,” Social Media Impersonators

Enforcement fear increases vulnerability to fraud. Use these tools to protect families:

8) One-Page Family Checklist

If a loved one is detained, gather:

Full legal name (all spellings)
Date of birth
Country of birth
A-number (if available)
Immigration court paperwork (any prior orders or hearing notices)
USCIS receipts for pending applications
Criminal court dispositions (if any)
Emergency contact and childcare plan

Why it matters: This short list speeds up bond analysis and prevents avoidable delays.