ICE Arrest Policy: What Immigrants Without Criminal Records Should Know

What the Recent Report Says

On September 27, 2026, media outlets reported that ICE field offices had received verbal guidance emphasizing a “worst first” approach, which created confusion about whether agents were temporarily being told to focus only on people with criminal records. The report states that administration officials later characterized the situation as a miscommunication and sent additional guidance reaffirming that the broader enforcement policy had not changed.

The report also states that ICE can continue making arrests of people who do not have additional criminal histories. This includes people encountered during enforcement operations involving another individual, sometimes referred to as “collateral” arrests.

Can ICE Arrest Someone Without a Criminal Record?

Yes. Immigration enforcement and the criminal justice system are separate. A person can have no criminal conviction and still have an immigration issue that may result in detention or removal proceedings.

For example, a person may be present in the United States without lawful immigration status, have an expired status, have violated the terms of a visa, or have a prior immigration order. Whether ICE can arrest or detain that person, and what options may be available afterward, depends on the person's individual immigration history and current legal circumstances.

ICE's own annual reporting has also described immigration enforcement as involving people who violate immigration laws, while explaining that enforcement decisions can be affected by agency priorities and other guidance.

What Are Collateral Arrests?

A collateral arrest generally refers to an immigration arrest involving a person who was not the original target of an enforcement operation. Media outlets reported that ICE will continue making such arrests under the administration's current enforcement policy.

This is particularly important for families who may assume that only a person with a criminal record is at risk of immigration detention. The absence of a criminal history can be an important fact, but it does not by itself determine whether ICE can take immigration enforcement action.

Because enforcement operations and individual immigration histories vary, family members should avoid making assumptions about what will happen based only on whether someone has a criminal record.

What to Do If ICE Detains a Family Member

If someone is detained by ICE, obtaining accurate information quickly can make it easier to determine what legal options may be available. Family members should try to identify the detention facility and obtain the person's A-number, if available.

1. Determine whether the person has an existing immigration court case.
2. Find out whether there is a prior removal or deportation order.
3. Gather copies of previous immigration applications, court decisions, and notices.
4. Determine whether the person may be eligible for a bond hearing or another form of release.
5. Ask an immigration attorney to review the person's immigration history before making important decisions about removal, departure, or other available remedies.

Why Individual Case Review Matters

The current reporting shows that immigration enforcement guidance can be clarified or changed, but the most important question for a detained person is what the law and the person's individual immigration record provide. A person's criminal history is only one part of that analysis.

Depending on the circumstances, an attorney may need to examine the person's immigration status, prior proceedings, removal orders, applications for relief, detention history, and available procedural remedies. The appropriate strategy can be very different from one case to another.