ICE Data Reveals 72% of Detainees Have No Criminal Convictions

Key Takeaways

• Over 72% of ICE detainees in July 2025 have no criminal convictions, mostly held for immigration violations.
• Average ICE detention lasts 46 days; private companies operate nearly 90% of detention beds.
• Congress approved $45 billion for new detention centers, expanding capacity to over 100,000 beds.

When looking at the current state of immigration detention in the United States 🇺🇸, two main approaches stand out: detaining immigrants with criminal convictions and detaining those without any criminal convictions. The latest data from U.S. Immigration and Customs Enforcement (ICE) shows a record number of people held in detention, with a large majority having no criminal convictions. This comparison will help you understand the differences between these two groups, the reasons behind their detention, the requirements and timelines involved, costs, and the pros and cons for each situation. By the end, you’ll have a clear framework to help decide which approach might be more effective or fair, depending on your perspective.

Introduction to the Two Main Groups in ICE Detention

ICE detains immigrants for many reasons, but the two largest groups are:

• Detainees with criminal convictions: These are people who have been found guilty of a crime in the United States 🇺🇸. Crimes can range from minor offenses to serious felonies.
• Detainees without criminal convictions: These are people who have not been convicted of any crime in the United States 🇺🇸. Many are held for immigration violations, such as overstaying a visa or entering the country without permission.

Recent ICE data from July 2025 shows that over 72% of all detainees have no criminal convictions. This means that most people in ICE detention are not being held for criminal activity, but for immigration reasons.

Side-by-Side Analysis: Requirements, Timelines, and Costs

Let’s break down how ICE handles each group, what the requirements are for detention, how long people stay, and what the costs look like.

1. Requirements for Detention

Detainees with Criminal Convictions:
– ICE can detain anyone who is not a U.S. citizen and has been convicted of a crime.
– Crimes can be as minor as traffic violations or as serious as violent felonies.
– ICE assigns a “Threat Level” to each detainee:
– Threat Level 1: Most serious crimes (like murder or rape)
– Threat Level 2: Less serious, but still significant crimes
– Threat Level 3: Minor offenses
– Only about 7% of detainees are classified as Threat Level 1 (the most dangerous offenders).

Detainees without Criminal Convictions:
– ICE can also detain people who have not been convicted of any crime.
– Most are held for immigration violations, such as:
– Entering the country without permission
– Overstaying a visa
– Failing to follow immigration court orders
– These detainees are labeled as having “No ICE Threat Level.”

Key Point: ICE does not require a criminal conviction to detain someone. Immigration violations alone are enough.

2. Timelines: How Long Do Detainees Stay?

• Average Length of Detention: As of mid-2025, the average stay in ICE detention is about 46 days, down from 52 days earlier in the year.
• Detainees with Criminal Convictions: May stay longer if they have complicated legal cases or appeals.
• Detainees without Criminal Convictions: Many still face long stays, especially if they have no access to legal help or if their cases are delayed.

Important Note: The number of immigration judges is capped at 800, even as the number of detainees grows. This means court backlogs and longer waits for everyone.

3. Costs: Financial Impact of Detention

• ICE Detention Budget: In July 2025, Congress approved $45 billion for new detention centers and $29.9 billion for ICE enforcement and deportation operations.
• Cost Per Detainee: The government spends hundreds of dollars per day to detain each person.
• Private Prisons: Nearly 90% of ICE detention beds are managed by private companies like CoreCivic and GEO Group, who profit from each detainee held.

Key Point: Detaining people, regardless of criminal history, is expensive for taxpayers and profitable for private companies.

Pros and Cons for Different Situations

Now, let’s look at the advantages and disadvantages of detaining each group.

Detaining Immigrants with Criminal Convictions

Pros:
– Public Safety: Supporters argue that detaining people with criminal convictions helps keep dangerous individuals off the streets.
– Clear Legal Justification: There is a stronger legal reason to detain someone who has broken the law.
– Political Support: Many voters and politicians see this as a necessary part of immigration enforcement.

Cons:
– Not All Crimes Are Serious: Many detainees have minor convictions, not violent crimes.
– Overcrowding: Even focusing on this group, detention centers can become overcrowded, affecting everyone’s health and safety.
– Due Process Concerns: Some people with old or minor convictions may be detained for long periods, even if they pose no real threat.

Detaining Immigrants Without Criminal Convictions

Pros:
– Enforcement of Immigration Laws: ICE says detaining these individuals helps enforce immigration rules and discourages illegal entry.
– Easier to Process: Some believe it’s easier to remove people who have no criminal history.

Cons:
– Majority Are Not Criminals: Over 72% of detainees have no criminal convictions, raising questions about fairness and necessity.
– Family Separation: Many detainees are parents or caregivers, leading to family separation and hardship.
– Overcrowding and Poor Conditions: With so many non-criminals detained, centers are overcrowded, and resources are stretched thin.
– High Costs: Taxpayers pay billions to detain people who are not public safety threats.
– Alternatives Exist: Advocacy groups argue for community-based alternatives that are cheaper and more humane.

Comparison Table: Key Differences

Recommendations for Specific Circumstances

Given the data, here are some recommendations for different situations:

• For Public Safety Concerns: Focus detention resources on those with serious criminal convictions (Threat Level 1). This targets the small group most likely to pose a danger.
• For Reducing Costs and Overcrowding: Consider alternatives to detention for people without criminal convictions. Community-based programs, ankle monitors, or regular check-ins can be much cheaper and less harmful.
• For Family Unity: Avoid detaining parents and caregivers who have no criminal convictions. Use alternatives that allow families to stay together while their cases are processed.
• For Legal Fairness: Ensure everyone, regardless of criminal history, has access to legal help and a fair hearing. Overcrowding and long waits can harm people’s rights.

Decision-Making Framework

If you are a policymaker, advocate, or someone affected by ICE detention, here’s a simple framework to help guide decisions:

1. Assess the Threat Level:
   • Is the person a public safety risk? If yes, detention may be justified.
   • If not, look for alternatives.
2. Check for Criminal Convictions:
   • Does the person have a serious criminal record?
   • If only minor or no convictions, consider community-based options.
3. Consider Family and Community Ties:
   • Is the person a parent or caregiver?
   • Do they have strong ties to the community?
4. Review Costs and Resources:
   • Is detention the best use of taxpayer money?
   • Would alternatives save money and reduce overcrowding?
5. Ensure Due Process:
   • Does the person have access to legal help?
   • Are their rights being protected?

Stakeholder Perspectives

• Government Officials: The Trump administration and ICE argue that expanded detention is needed for immigration control and public safety. They use the “Threat Level” system to set priorities but still detain many without criminal convictions.
• Advocacy Groups: Organizations like the American Immigration Council say the focus should be on due process and alternatives to detention, especially for non-criminals and families.
• Private Prison Companies: Firms like CoreCivic and GEO Group benefit from more detention, as they manage most ICE beds and profit from each detainee.

Practical Implications for Detainees

• Overcrowding: With more than 56,000 people detained and centers running at over 140% capacity, conditions are poor. Some detainees sleep on floors and lack basic needs like water and medical care.
• Legal Delays: With only 800 immigration judges and a growing number of cases, detainees face long waits for hearings.
• Family Separation: Many detainees are separated from their children or spouses, causing emotional and financial hardship.
• Mental and Physical Health: Overcrowding and poor conditions can lead to health problems and stress.

Future Outlook

• Detention Capacity Will Double: Congress has funded enough beds for over 100,000 detainees, and the daily population could reach 116,000.
• Focus on Interior Enforcement: ICE is making more arrests inside the country, not just at the border. Most of these arrests involve people with no criminal convictions.
• Court Backlogs Will Grow: With more detainees and no increase in judges, delays will likely get worse.

Official Resources

For the most up-to-date information on ICE detention numbers and policies, visit the ICE Official Detention Statistics page. This site provides biweekly updates on the number of detainees, their criminal backgrounds, and facility conditions.

Conclusion and Actionable Takeaways

• Most ICE detainees (over 72%) have no criminal convictions. This challenges the idea that detention is mainly for dangerous criminals.
• Detaining non-criminals is expensive and leads to overcrowding, poor conditions, and family separation.
• Alternatives to detention exist and can be more effective, humane, and affordable, especially for those without criminal convictions.
• If you or someone you know is affected by ICE detention, seek legal help and ask about alternatives to detention. Community groups and legal aid organizations can provide support.
• For policymakers and advocates, focus on targeting detention for serious offenders and expanding alternatives for others.

As reported by VisaVerge.com, the current approach to immigration detention in the United States 🇺🇸 is under intense debate, with growing calls for reform and smarter use of resources. The data shows that most detainees are not criminals, and the system’s costs and impacts are rising. By comparing the two main groups in ICE detention, it’s clear that a more balanced, fair, and cost-effective approach is needed to address the challenges facing immigrants, families, and communities today.

Learn Today

ICE → U.S. Immigration and Customs Enforcement, agency enforcing immigration laws and managing detention centers.
Detention → Holding immigrants in custody while their immigration cases are processed or enforced.
Criminal Conviction → A legal judgment that someone committed a crime, affecting detention priority by ICE.
Threat Level → ICE classification system ranking detainees’ risk from serious crimes to minor offenses or none.
Alternatives to Detention → Community-based programs allowing immigrants to live outside detention under supervision or monitoring.

This Article in a Nutshell

ICE detention includes mostly non-criminal immigrants held for immigration violations. With rising costs and overcrowding, calls grow for humane, cost-effective alternatives focusing on serious offenders and preserving family unity while ensuring due process and legal access for all detainees.
— By VisaVerge.com