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Detainees with out prison information arrested by ICE make up fastest-growing group in immigration custody, knowledge exhibits

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Last updated: November 26, 2025 12:44 pm
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Detainees with out prison information arrested by ICE make up fastest-growing group in immigration custody, knowledge exhibits
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The variety of immigration detainees with out prison information who’re held in federal detention facilities after getting arrested by Immigration and Customs Enforcement has elevated by over 2,000% because the begin of the second Trump administration in January, in line with official authorities knowledge.

The statistics, printed on-line by ICE as a part of a transparency requirement mandated by Congress, illustrate the wide-ranging scope of President Trump’s mass deportation marketing campaign.

On Nov. 16, the federal government figures present, ICE was holding 65,135 individuals in detention services all through the U.S., the best stage ever publicly reported by the company, which was created in 2003 following the 9/11 terrorist assaults. CBS Information first reported the file detention ranges earlier this month, citing inside knowledge.

The official figures point out that 30,986 – or 48% — of the ICE detainees in custody as of Nov. 16 lacked any prison costs or convictions within the U.S. and have been being held solely due to civil violations of U.S. immigration legislation. ICE calls them “immigration violators.”

These with prison convictions represented about 26%, or 17,171, of all ICE detainees on Nov. 16. The information present 16,978 people — one other 26% of ICE’s detainee inhabitants — had prison costs. 

ICE detainees as of Nov. 20 (Pie Chart)

The statistics launched by ICE don’t specify the severity and nature of the fees or convictions for the detainees with prison histories. They may vary from violent or severe felonies, to misdemeanors and immigration-related crimes, corresponding to unlawful re-entry into the U.S.

Unlawful presence within the U.S., together with after overstaying a visa, is just not against the law by itself and is usually dealt with as a civil matter in immigration court docket. Whereas unlawful entry into the U.S. is a federal misdemeanor crime for a first-time offence with a 5-year statute of limitations, these accused of these doing so usually have their instances handled as civil immigration violations, absent further prison exercise.

Whereas all three classes of ICE detainees — immigration violators, these with prison costs and people with prison convictions — have grown below the second Trump administration, the statistics printed by the company point out the non-criminal group has seen probably the most fast and pronounced rise. 

Number of people in ICE detention by criminality (Line chart)

ICE’s detention inhabitants contains people arrested by that company, usually in communities or jails inside the U.S., in addition to detainees transferred by Customs and Border Safety. Most detainees initially arrested by CBP, mostly alongside the U.S.-Mexico border, traditionally have lacked prison histories within the U.S. as a result of many haven’t lived within the nation for vital intervals or in any respect. 

As of Nov. 16, 52,510 of ICE’s detainees had been initially taken into custody by that company, whereas 12,625 had been arrested by CBP.  

When focusing solely on ICE detainees initially arrested by that company — and never CBP — the figures present a 2,143% spike in non-criminal detainees from Jan. 26 (945) to Nov. 16 (21,194). The variety of detainees initially arrested by ICE who’ve convictions or prison costs elevated by 73% and 226%, respectively, throughout that very same time interval, in line with the ICE knowledge.

The most recent figures additionally point out that for the primary time, non-criminal detainees arrested by ICE outnumber these with prison convictions. From Sept. 21 to Nov. 16, non-criminal detainees elevated by a few third, whereas the variety of detained with prison convictions remained practically flat. 

The numbers underscore that whereas the Trump administration has mentioned its deportation effort would primarily concentrate on criminals deemed to be “the worst of the worst,” a rising share of these swept up below its crackdown are immigrants accused of residing within the U.S. illegally however who in any other case lack any prison historical past.  

Total number of people in ICE detention since January (Line chart)

On the identical time, some senior Trump administration officers, together with border czar Tom Homan and performing ICE director Todd Lyons, have mentioned anybody encountered by immigration authorities and located to be within the U.S. illegally will likely be arrested, even when they are not the supposed goal of an operation. These so-called “collateral arrests” had been largely banned below Biden-era guidelines the Trump administration scrapped.

The federal government has the authorized authority to arrest, detain and course of for deportation anybody suspected of violating U.S. immigration legislation, regardless of any prison exercise. However a few of these people could also be eligible for types of authorized aid, corresponding to asylum, that may stall or halt their deportation. 

In a press release, Division of Homeland Safety spokeswoman Tricia McLaughlin mentioned the administration is “concentrating on the worst of the worst prison unlawful aliens—together with murderers, rapists, gang members, pedophiles, and terrorists.” She mentioned 70% of these arrested by ICE had prison costs or convictions, however didn’t specify a timeframe or provide a breakdown to help the proportion.

McLaughlin additionally mentioned detainees listed as non-criminals might have warrants or prison histories outdoors of the U.S., or in any other case pose a risk to nationwide safety. However DHS has not launched knowledge exhibiting how many individuals fall into these classes.

Extra from CBS Information


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