TL;DR
Leaked nonpublic ICE data shared with the Cato Institute indicate that since the start of the fiscal year (Oct. 1, 2025) about 73% of people booked into ICE custody had no criminal conviction and roughly half had no conviction or pending criminal charges. Multiple datasets cited in the report show large increases in arrests and detentions of people without convictions compared with earlier in 2025.
What happened
A set of nonpublic Immigration and Customs Enforcement (ICE) records, provided to the Cato Institute, shows that the majority of people booked into ICE custody in the current fiscal year had no prior criminal conviction. The data indicate 73% of detainees had no conviction and nearly half had neither a conviction nor pending criminal charges. Only 8% of those booked had either a violent or property conviction, while 5% had violent convictions specifically. The report compares these figures with other sources: the Deportation Data Project’s FOIA-derived arrest records and ICE’s public detention snapshots. Those sources show similar patterns by mid- to late 2025 — large increases in arrests and detentions of people without convictions, sharp percentage rises from January, and a fall in the share of detainees with convictions (from 62% in January to 31% by November). The analysis argues this trend departs from administration rhetoric about prioritizing serious criminals.
Why it matters
- The reported detention mix appears to differ from administration claims that enforcement is focused on serious or violent offenders.
- Large increases in detaining people without convictions could strain ICE resources and shift enforcement priorities away from cases involving convicted criminals.
- Detaining people prior to conviction raises due-process concerns, especially when agencies categorize those with pending charges as criminal arrests.
- The reported trend may affect deportation totals and the profile of people removed from the U.S., with implications for communities and employers.
Key facts
- Data cover people booked into ICE custody since Oct. 1, 2025 (the start of the fiscal year).
- 73% of people booked into ICE custody in that period had no criminal conviction.
- Nearly half of detainees had neither a criminal conviction nor pending criminal charges (reported as 'nearly half' and cited as 47% in the report).
- 8% of detainees had either a violent or property criminal conviction; 5% had a violent conviction.
- A majority of those with convictions were recorded as having vice, immigration, or traffic convictions.
- Deportation Data Project arrest records showed that by late July 67% of ICE arrests were of people without criminal convictions, and nearly 40% had neither convictions nor charges.
- By late July, ICE arrests of immigrants without criminal convictions rose about 571% from the weekly average at the start of the calendar year; arrests of immigrants without convictions or charges rose about 1,500% since Jan. 1.
- ICE public data as of mid-November indicated 69% of current ICE detainees arrested by ICE had no criminal conviction and 40% had no criminal charge.
- The share of detainees with criminal convictions after ICE arrest reportedly fell from 62% in January to 31% in November.
- In November 2025, around 70% of those deported were reported to have had no criminal conviction and 43% had no conviction or criminal charge.
What to watch next
- Whether DHS or ICE will publicly confirm or dispute the leaked figures and provide additional context or responses (not confirmed in the source).
- Whether congressional oversight or other investigations will be opened in response to the reported shifts in detention and arrest profiles (not confirmed in the source).
- Trends in ICE bookings, arrests, and deportations in early 2026 to see if the patterns cited persist or reverse (not confirmed in the source).
Quick glossary
- ICE (Immigration and Customs Enforcement): A federal agency within DHS responsible for immigration enforcement in the interior of the United States, including arrests, detentions, and removals.
- Booking / Book-ins: The administrative process of taking a person into custody and recording identifying and case-related information.
- Criminal conviction: A formal finding of guilt for a crime by a court, following plea or adjudication.
- Pending criminal charge: An allegation or formal charge lodged against a person that has not yet been resolved by conviction or dismissal.
- Deportation (removal): The formal process of expelling a noncitizen from a country, typically after an immigration or criminal proceeding determines removability.
Reader FAQ
Where did these figures come from?
The report is based on nonpublic ICE custody records leaked to the Cato Institute and supplemented with data from the Deportation Data Project and ICE public snapshots.
Do the data show most detainees are violent criminals?
No. The cited figures indicate only about 8% had violent or property convictions and 5% had violent convictions.
Are pending charges counted as convictions in this analysis?
The report notes that DHS/ICE sometimes count pending charges in their 'criminal arrests' tallies; the leaked data distinguish convictions from pending charges.
Are these national numbers or limited to specific regions?
Not confirmed in the source.
NOVEMBER 24, 2025 5:50PM 5% of People Detained By ICE Have Violent Convictions, 73% No Convictions By David J. Bier SHARE Listen to this article Generated with ElevenLabs AI technology….
Sources
- 73% People Detained by ICE Have No Convictions
- Immigration Detention Quick Facts
- New Data: 73% of ICE Detainees Have No Criminal Record
- ICE has arrested nearly 75000 people with no criminal …
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