ICE Arrests of Migrants Without Criminal Records Surge Nearly 200 Percent

Newsweek

a day ago

Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources.
Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content.
A far larger share of non‑criminal migrants have been arrested as part of the Trump administration's expanded immigration enforcement campaign, according to new federal and independent data.
The director of the Deportation Data Project told Newsweek that he found it "impossible" for the president to keep his promise of mass deportations of "criminals." Tricia McLaughlin, assistant secretary of public affairs at DHS, however, told Newsweek, in part, "It is not an accurate description to say they are 'non-criminals.' This deceptive categorization is devoid of reality and misleads the American public. Let us remind you that being here illegally is in fact a crime (8 USC 1325)."
Why It Matters
President Donald Trump emphasized a prioritization of the removal of violent offenders and the "worst of the worst" during his presidential campaign; however, data shows growing arrests of people without U.S. criminal charges or convictions, raising legal and policy questions about resources, detention capacity and humanitarian oversight.
Recent cases involving nonviolent immigrants lacking criminal records have exacerbated concerns and led to broader discussions of whether immigrants, in certain instances, who lack citizenship but have abided by all other U.S. laws, should be removed.
NYPD officers arrest protestors for blocking traffic on Broadway as they protest Immigration and Customs Enforcement (ICE) outside of the Jacob K. Javitz Federal Building on August 08, 2025, in New York City.
NYPD officers arrest protestors for blocking traffic on Broadway as they protest Immigration and Customs Enforcement (ICE) outside of the Jacob K. Javitz Federal Building on August 08, 2025, in New York City.
Michael M. Santiago/Getty Images
What To Know
Federal and independent datasets show that ICE arrested substantially more people overall during the Trump administration's first six months in office than during the final six months of the Biden administration.
Researchers at the the University of California at Berkeley's Deportation Data Project, which compiles federal data, found that roughly 37 percent of ICE arrests in July 2025 were of people with no U.S. criminal convictions or pending charges—doubling to about 92,000 during the first six months of the Trump administration compared with the final half‑year of the Joe Biden administration.
That 37 percent figure is up from 13 percent during Biden's last full month in office in December.
"As the [Trump] administration increases immigration arrests, it will inevitably sweep in many people with no criminal record," Davis Hausman, a law professor and faculty director of the Deportation Data Project, told Newsweek via email on Thursday. "There just aren't many noncitizens with criminal records, so the promise of mass deportations of criminals is an impossible one to keep."
The Trump administration has dramatically increased arrests of people who have never been convicted of a crime in the US, accounting for a little more than 60 percent of ICE arrests during his first six months in office, roughly equating to 188 days, compared to the 44 percent of arrests during Biden's last six months as president.
Of the Trump administration's approximate 132,485 arrests, 39 percent had criminal convictions; 31 percent had criminal charges pending; and 30 percent had no criminal charges.
In comparison, the Biden administration's approximate 52,334 arrests included 56 percent with criminal convictions, 28 percent with pending criminal charges, and 16 percent with no criminal charges.
Tricia McLaughlin, assistant secretary of public affairs at DHS, told Newsweek via email that the Deportation Data Project "is being cherry picked...to peddle a false narrative."
Multiple independent analyses and reporting showed the detention population rose to record levels in June and July, with estimates of roughly 55,000 to 59,000 people held in ICE facilities during late June and July, according to The Guardian—noting that ICE arrests have more than doubled in 38 states and are most prevalent in states with large immigrant populations including California, Florida and Texas.
Southern and western states that have embraced Trump's agenda have also experienced higher arrests.
During a White House meeting in May, DHS Secretary Kristi Noem and White House Deputy Chief of Staff Stephen Miller urged ICE agents to aim for as many as 3,000 arrests per day.
A recent case involving a Chinese immigrant and small-business restaurant owner, Kelly Yu, in Arizona has led to bipartisan calls for her release from ICE detainment. DHS has refuted statements in her defense.
"Lai Kuen Yu, an illegal alien from Hong Kong, has had a final deportation order from a judge since 2005," Tricia McLaughlin, assistant secretary of public affairs at DHS, told Newsweek via email. "She was arrested illegally crossing the border by U.S. Border Patrol in Arizona on February 4, 2004, and two days later was released into the country."
DHS said that in November 2013, the Board of Immigration Appeals dismissed her appeal and upheld her final order of removal. On August 23, 2016, the U.S. Court of Appeals for the Ninth Circuit denied her appeal.
On June 12 of this year, the Board of Immigration Appeals granted her a temporary stay of removal while it considers her motion to reopen. She will remain in ICE custody pending her removal proceedings.
"ICE does not deport U.S. citizens," McLaughlin said. "It's her choice. Parents are asked if they want to be removed with their children or ICE will place the children with someone the parent designates."
What People Are Saying
Davis Hausman, a law professor and faculty director of the Deportation Data Project, told Newsweek via email on Thursday: "As the [Trump] administration increases immigration arrests, it will inevitably sweep in many people with no criminal record. There just aren't many noncitizens with criminal records, so the promise of mass deportations of criminals is an impossible one to keep."
Tricia McLaughlin, assistant secretary of public affairs at DHS, told Newsweek via email on Thursday: "This data is being cherry picked by the Deportation Data Project to peddle a false narrative. Many of the individuals that are counted as 'non-criminals' are actually terrorists, human rights abusers, gangsters and more; they just don't have a rap sheet in the U.S. Further, every single one of these individuals committed a crime when they came into this country illegally.
"It is not an accurate description to say they are 'non-criminals.' This deceptive categorization is devoid of reality and misleads the American public. Let us remind you that being here illegally is in fact a crime (8 USC 1325). We are putting the American people first by removing illegal aliens who pose a threat to our communities."
What Happens Next
Lawmakers have sent oversight letters raising priority questions for enforcement, and legal groups filed suits challenging arrests at courthouses and expanded detention practices, indicating litigation and hearings were likely to follow.
The administration has sought expanded detention capacity and funding to sustain higher arrest rates, with federal budget allocations and proposals under discussion as the enforcement campaign continues.