Yes. Having no criminal record does not protect someone from ICE detention.
This is one of the most common misconceptions families have and it is important to understand clearly. ICE has the authority to detain anyone it believes is removable under immigration law. A removable person is someone whose presence in the United States violates immigration rules, regardless of whether they have ever committed a crime. This includes people who entered without authorization, people who overstayed a visa, people whose immigration status has lapsed, and others. Data from September 2025 shows that approximately 70 percent of people held in ICE detention had no criminal conviction.
This is a large and often misunderstood part of the detained population. Many of these individuals have lived in the United States for years or decades, have families here, pay taxes, and have never had any contact with the criminal justice system. Enforcement priorities have shifted significantly in 2025. Prior administrations generally focused immigration enforcement resources on people with serious criminal records. The current enforcement posture has broadened considerably, with ICE conducting large-scale operations that sweep in people regardless of criminal history. If you have a family member who is undocumented or whose immigration status is uncertain, their lack of a criminal record is not a guaranteed protection.