Immigration Enforcement Is Increasingly Routed Through Criminal Courts

Federal immigration enforcement is moving deeper into criminal courts in 2025, with record-high immigration prosecutions and a steep rise in ICE arrests across the United States 🇺🇸. In June alone, U.S. Attorneys charged 5,482 people with immigration offenses, and these cases made up 57.5% of all federal convictions that month, according to TRAC Immigration’s latest data. Border districts again carried the heaviest loads, while interior arrests surged—especially involving people with no criminal convictions—driven by policy shifts and expanded state and local cooperation.

Federal case load reaches new highs in 2025

TRAC Immigration reports that federal prosecutors filed thousands of new immigration prosecutions in June, with immigration cases taking over more than half of federal convictions nationwide.

Referrals feeding these cases also rose sharply in June:
– 4,352 referrals from CBP
– 1,682 referrals from ICE

The main charges remain unlawful entry and reentry, and courts in Southern and Western Texas, Arizona, and Southern California continue to process extraordinary volumes. In some border districts, immigration convictions comprised 90%+ of all convictions in June.

These trends mirror earlier “zero-tolerance” periods but now coincide with broader interior enforcement pressure.

Interior enforcement shifts: who is being arrested

Interior enforcement changed direction in 2025, with large increases in ICE arrests nationwide.

Key metrics:
– ICE arrests more than doubled versus 2024, averaging 666 per day
– Texas led with 142 daily arrests
– Florida’s daily average tripled to 64

By early June in Florida, arrests of people with no criminal record surpassed arrests of those with prior charges or convictions.

As of June 14, FY2025:
– ICE book-ins reached 204,297
– 65% had no convictions
– 93% had no violent convictions

Agents quoted in the analysis said daily quotas can steer resources away from high‑risk targets.

For official metrics and current dashboards on arrests, detention, and removals, review ICE’s ERO statistics portal at https://www.ice.gov/reports/ero.

State laws expand police roles and create new crimes

Through late July 2025, states enacted at least 104 immigration‑related laws, including 34 that boost local cooperation with federal authorities or create new crimes tied to immigration status.

Notable features:
– States such as Alabama, Tennessee, Florida, and Idaho passed measures criminalizing transporting or harboring undocumented people.
– Some states set up state enforcement units to assist immigration enforcement.

Legal context:
– Earlier state attempts a decade ago were blocked under federal preemption.
– Legal scholars now say the Supreme Court may be more open to state criminal statutes that track federal concerns.
– Court outcomes could reset the state-federal balance on immigration enforcement.

Local-to-federal pipelines and 287(g) partnerships

Local policing increasingly serves as an on‑ramp to ICE custody, notably through 287(g) agreements where local officers screen people in jails for immigration status and hand them to ICE.

Trends and impacts:
– Florida leads in 287(g) participation.
– Advocates report more highway stops for minor traffic issues (e.g., driving without a license), followed by jail booking, 287(g) screening, and transfer to detention far from home.
– These pipelines intensify as interior enforcement expands and ICE targets increasingly include people without criminal records.

According to VisaVerge.com, the combined effect tightens the link between routine policing and deportation, especially in areas with active 287(g) programs.

Courthouse arrest exposure, with New York City in focus

A new analysis released August 11 identifies New York City as having the nation’s highest exposure to immigration courthouse arrests.

Developments:
– Arrests around courthouses, probation visits, and agency check‑ins have grown in 2025.
– These add touchpoints where civil immigration issues can trigger custody and transfer to ICE.

Stakeholder views:

Lawyers and local leaders warn that courthouse arrests discourage victims and witnesses from coming to court, while enforcement officials maintain that courthouses are controlled settings to make safe arrests.

What these trends mean for families and workers

People face higher risks in routine contexts such as traffic stops, workplace interactions, and court appearances. Key effects include:

• Routine traffic stops can end in jail booking, 287(g) screening, an ICE detainer, and transfer to distant detention facilities.
• Border apprehensions increasingly result in federal charges for unlawful entry or reentry; many face criminal records and incarceration before removal.
• Court appearances can trigger ICE action in some cities, affecting family stability and access to justice.
• Rapid growth in detention raises concerns about conditions and oversight as capacity is stretched.

Common enforcement pathways in 2025

Below are the main sequences that lead from a local encounter or border apprehension to ICE custody and federal court.

From a local stop to ICE custody:
1. A police stop leads to arrest, often for traffic or license issues.
2. Jail booking prompts status checks or 287(g) screening and an ICE detainer.
3. Transfer to ICE custody and detention, with Alternatives to Detention used less as detention expands.
4. Parallel tracks may follow: federal criminal charges in district court and/or civil removal before EOIR.

From a border apprehension to federal court:
1. CBP or Border Patrol refers the case to U.S. Attorneys.
2. Charges for entry or reentry, a plea, conviction, and sentence in federal court, then transfer to ICE for removal.

Courthouse arrest scenarios:
1. An individual appears for a hearing; ICE conducts an arrest in or near the courthouse.
2. The person is transferred to detention and removal proceedings begin or restart.

Resource pressures and detention conditions

Analysts point to resource shifts and aggressive arrest targets as drivers of the 2025 surge.

Concerns include:
– Borrowing against appropriations and expanding bed use could test budgets later this fiscal year.
– Rapid expansion may stress medical care, access to counsel, and facility oversight, particularly as the share of detainees with no convictions grows.
– ICE’s Alternatives to Detention programs exist, but their footprint appears to be shrinking relative to increased detention this year.

Litigation and policy questions ahead

Several legal and policy issues are likely to shape the months and years ahead:

• New state criminal statutes will likely face court challenges on preemption and constitutional grounds.
• Rulings could redefine how far states can go in creating crimes that mirror federal immigration law or in forcing cooperation with ICE.
• Courthouse operations may draw continued scrutiny from judges and city leaders concerned about access to justice.
• Data transparency remains a sticking point as advocates press for detailed reporting on arrest reasons, criminal histories, and outcomes to evaluate public‑safety impacts and proportionality.

Where people can check case trends and get help

• TRAC Immigration posts monthly updates on immigration prosecutions, conviction shares, and immigration court filings and completions.
• ICE’s public dashboards track arrests, detention, removals, and ATD usage: https://www.ice.gov/reports/ero.
• Community groups in Florida and New York publish alerts on 287(g) activity and courthouse arrests.
• Attorneys advise:
  • Carry identity documents,
  • Know local jail policies,
  • Ask about detainers after any arrest.

As immigration prosecutions dominate federal courts and ICE arrests push higher, the link between street-level policing, criminal courts, and immigration detention is tightening. The numbers show a clear shift: more cases in criminal court, more interior arrests of people with no convictions, and broader state and local roles—trends that will shape families, workplaces, and courtrooms for the rest of 2025.