Despite President Donald Trump’s repeated promises to prioritize the deportation of “the worst of the worst,” newly released federal data reveals a significant uptick in the arrests of migrants with no criminal history.
According to an analysis of Immigration and Customs Enforcement (ICE) records obtained through a public records lawsuit by the Deportation Data Project at UC Berkeley, nearly half of the recent arrests under the Trump administration involved individuals with no criminal convictions or pending charges.
From January 20 to May 4, 2025, ICE made over 95,000 arrests. Early in that period, a majority of arrests targeted migrants with criminal records or charges: 44% had prior convictions and 34% had pending charges. But starting Memorial Day weekend, the trend shifted — 44% of individuals arrested had no criminal history, while those with convictions dropped to 30%.
“It appears there was a strategic pivot beginning in late May,” said Syracuse University professor Austin Kocher, who reviewed the data. “The narrative of focusing on dangerous criminals just doesn’t align with what the numbers are showing.”
The surge in arrests of non-criminals has been particularly evident in major cities like Los Angeles and New York, where nearly 60% of ICE arrests in early June involved individuals with no criminal past.
Despite the data, the Department of Homeland Security maintains it is still focused on criminal threats.
“We are targeting gang members, rapists, and pedophiles,” said DHS Assistant Secretary Tricia McLaughlin. “ICE arrests show that 70% involved criminal illegal aliens, and we are fulfilling President Trump’s directive to protect the American people.”
However, critics argue that ICE has increasingly shifted toward interior enforcement and courthouse arrests — tactics that are sweeping up law-abiding individuals.
“Historically, most ICE arrests came from border apprehensions,” said John Sandweg, former acting ICE director under President Obama. “But with border crossings down and political pressure up, ICE is casting a wider net — and inevitably catching more non-criminals.”
Attorneys report a rise in ICE detaining people at immigration courts, even in cases where deportation proceedings are dismissed in the migrant’s favor.
“This shows enforcement isn’t focused on serious criminals,” said Sandweg. “People showing up for court are often the least dangerous — but they’re easy targets.”
Sandweg suggested the increase in non-criminal arrests may be tied to quotas or pressure to deliver results quickly.
Meanwhile, the Trump administration continues touting its efforts to combat gang activity. Attorney General Pam Bondi announced Friday that federal authorities have arrested 2,711 suspected gang members since January.
“Americans are safer because President Trump is finally enforcing immigration law,” Bondi said. “And no activist judge can overrule that.”
