U.S. Immigration and Customs Enforcement is now detaining 65,135 people, the largest population ever publicly disclosed by the agency, according to newly released federal data. Nearly half of those in custody have no criminal record, a sharp departure from President Donald Trump's stated goal of directing ICE to focus on "the worst of the worst" offenders. The surge in civil detainees - driven largely by visa overstays and immigration-only violations - is fueling new scrutiny of the administration's enforcement strategy.
The figures, released under a congressional transparency requirement, show that 48% of detainees are being held solely for civil immigration violations. Another 26% - 17,171 individuals - have criminal convictions, while 16,978 face pending criminal charges. Officials say illegal presence in the U.S. is typically a civil matter, not a criminal offense, meaning detentions can rise even without an increase in violent or felony behavior.
The sharpest change occurred among non-criminal detainees directly arrested by ICE. CBS News reported that those numbers rose 2,143%, climbing from 945 individuals in late January to 21,194 by mid-November 2025. By comparison, detainees with criminal convictions increased 73%, and those with pending criminal charges rose 226%.
ICE's total detention population also includes migrants first apprehended by U.S. Customs and Border Protection, particularly along the southern border. The data shows 52,510 detainees were arrested by ICE, while 12,625 were taken into custody by CBP before being transferred into ICE facilities.
The numbers raise questions about the balance between criminal and civil enforcement, especially given the administration's messaging. Department of Homeland Security spokeswoman Tricia McLaughlin said the focus remains on "targeting the worst of the worst criminal illegal aliens, including murderers, rapists, gang members, pedophiles, and terrorists." She said that "70% of ICE arrests involved people with criminal charges or convictions," though she acknowledged the relevant data has not been released publicly.
On the rising share of non-criminal detainees, McLaughlin said these individuals "might have warrants or criminal histories from outside the country, or worse, they may pose potential threats to national security." Immigration attorneys argue the broad categorization makes it difficult to assess actual risk, particularly when many detainees have no record in the U.S.
Advocacy groups say "collateral arrests," in which ICE detains individuals not originally targeted in an operation, have become more frequent. Reports cited instances in which people with no criminal history - including a teenager detained while eating at school - were taken into custody as agents pursued suspects nearby. Lawyers say the practice has contributed significantly to the rising civil-detention population.
The distinction between civil and criminal violations is central to immigration law. Entering the U.S. illegally can be prosecuted as a misdemeanor, but long-established federal practice treats most such cases as civil infractions unless accompanied by other offenses. Visa overstays, which account for a large share of recent detentions, are not crimes.
