No Criminal Record? You Could Still Be at Risk of ICE Arrest
Immigration enforcement is expanding—and having no criminal record does not necessarily protect you from being arrested by ICE.
Recent data reported by The Washington Post shows a significant increase in Immigration and Customs Enforcement (ICE) arrests of immigrants who do not have criminal convictions. In July 2026, more than half of the people arrested by ICE reportedly had no criminal record, representing the highest monthly percentage since January 2025.
This development is important for immigrant families to understand because immigration enforcement is not limited to individuals who have been convicted of serious crimes.
ICE Arrests Are Increasing Among People Without Criminal Records
The Trump administration has repeatedly stated that immigration enforcement is focused on individuals considered to be serious public-safety threats, including people convicted of violent crimes or repeat offenses.
However, recently released government data shows that the people being arrested by ICE increasingly include individuals who have no criminal convictions or pending criminal charges. In July alone, ICE made nearly 50,000 arrests—the highest monthly total of the administration’s second term. More than half of those arrested did not have a criminal conviction or pending criminal charge.
This means that simply saying, “I don’t have a criminal record, so ICE cannot arrest me,” is not a safe assumption.
Immigration violations are generally civil matters rather than criminal offenses. A person can therefore have no criminal history and still face immigration detention or removal proceedings.
What Has Changed?
One important change has been how immigration enforcement is being carried out.
Rather than relying exclusively on highly publicized raids, ICE has increasingly used less visible methods of enforcement. Arrests can occur during traffic stops, at immigration-related appointments or proceedings, during check-ins, or through other encounters with immigration authorities.
The result is that people who may have previously believed they were unlikely to encounter ICE may now face a greater risk of immigration enforcement.
Recent data also shows that Texas has become one of the states with the largest numbers of people held in ICE detention. TRAC reported that Texas had approximately 16,450 ICE detainees as of July 2026, more than any other state.
“No Criminal Record” Does Not Mean “No Immigration Risk”
It is important to understand the difference between criminal law and immigration law.
A person may never have been arrested, charged with a crime, or convicted of a criminal offense and still have an immigration issue.
For example, immigration enforcement can involve questions concerning:
• Lack of lawful immigration status
• An expired or revoked immigration status
• A prior removal or deportation order
• Failure to comply with an immigration order
• Certain immigration applications or petitions
• Prior immigration violations
• Misrepresentation or other issues in an immigration history
• Certain prior encounters with immigration authorities
Additionally, even individuals who have lawful immigration status should not assume that their immigration history is irrelevant. Green card holders and other noncitizens can have immigration consequences from certain criminal or immigration-related issues.
What Should You Do If You Are Concerned About ICE?
Learn your immigration history, keep copies of important documents, and do not ignore immigration court notices. If ICE approaches you, you generally have the right to remain silent and speak with an attorney. Families should also create an emergency plan for childcare, medical needs, and access to important records.
If you have a prior immigration case, removal order, arrest, or other concern, consult an experienced immigration attorney before an emergency occurs.
Do Not Wait Until ICE Comes to Your Door
The recent increase in arrests should serve as a reminder that immigration enforcement can affect people who have never committed a crime.
According to TRAC, more than 70% of people held in ICE detention as of July 11, 2026, had no criminal conviction.
That does not mean that every person without a criminal record is at risk of being detained. Every immigration case is different.
It does mean that immigrants should not assume that having a clean criminal record automatically eliminates immigration concerns.
If you are unsure about your immigration status, have an old immigration case, have a prior removal order, have been arrested, or simply want to understand your options, now is the time to speak with an immigration attorney—not after you are detained.
At Delgado Law Firm, PLLC, we help individuals and families understand their immigration options and navigate complicated immigration matters.
Do not wait until you are facing an immigration emergency to find out what your options are.
This article is for informational purposes only and does not constitute legal advice. Immigration laws and enforcement policies can change, and every case is different. Consult with an attorney regarding your specific circumstances.