The US Immigration and Customs Enforcement (ICE) agency is now holding a record 65,135 individuals in detention facilities, the highest number ever publicly reported by the agency. However, nearly half of these detainees have no criminal charges or convictions in the United States.
Many argue this contradicts the Trump administration's stated goal for the ICE crackdown, which aimed to target 'the worst of the worst' criminals.
The figures, released as part of a congressional transparency requirement, have also led many to say that ICE is detaining people for minor civil immigration violations.
Non-Criminal Detainees Surge to 2,000%
According to CBS News, the data shows a dramatic increase in non-criminal detainees since January 2025. Those held solely for civil immigration violations now account for 48% of the total population, while individuals with criminal convictions make up 26% (17,171 people), and another 26% (16,978 people) face pending criminal charges.
Officials note that illegal presence in the US is generally considered a civil matter rather than a criminal act. One offense is overstaying a visa, which has led to a quick rise in civil detainees, surpassing the number of detainees with 'serious, more violent' criminal histories.
Out of all directly arrested by ICE, non-criminal detentions skyrocketed by 2,143% between late January and mid-November 2025, rising from 945 to 21,194 individuals. In comparison, those with criminal convictions rose by 73%, and detainees with pending criminal charges increased by 226%.
The overall ICE detention population also includes individuals initially apprehended by Customs and Border Protection (CBP), many of whom are taken into custody along the US-Mexico border. Of the total detainees, 52,510 were arrested by ICE, while 12,625 were initially held by CBP.
Civil vs Criminal Immigration Violations: What's the Difference?
Immigration violations alone do not constitute criminal behaviour in most cases.
While illegal entry into the US is technically a federal offense for first-time offenders, most cases are treated as civil matters unless accompanied by additional criminal activity.
Despite the government's focus on deporting individuals with criminal backgrounds, the majority of detainees in ICE custody now lack a criminal record.
Officials have pointed to 'collateral arrests', where individuals are detained even if they were not the original target of an operation, as a contributing factor to the increase. Recently, a teen with no criminal record was detained while only eating at school.
ICE Crackdown on Criminal Immigrants: Is it Still the Goal?
The Department of Homeland Security (DHS)'s spokeswoman Tricia McLaughlin maintains that the administration is 'targeting the worst of the worst criminal illegal aliens, including murderers, rapists, gang members, pedophiles, and terrorists'.
She mentioned that 70% of ICE arrests involved people with criminal charges or convictions, although data has not been made public. On non-criminal detainees, McLaughlin explained that they might have warrants or criminal histories from outside the country, or worse, they may pose potential threats to national security.
However, the lack of clear categories makes it hard to assess the actual risk of civil detainees.
Many detainees may qualify for asylum or other types of legal protection that could stop deportation. However, the growing use of civil detention puts even more pressure on facilities that are already crowded.
