Immigration attorney Wilfredo "Willy" Allen expressed disappointment during his live broadcast on CiberCuba on Monday, highlighting that the U.S. Immigration and Customs Enforcement (ICE) detention policies remain unchanged. His remarks came in response to the Department of Homeland Security (DHS) refuting reports that emerged over the weekend among immigrant communities, including Cubans, suggesting a new directive for ICE agents to halt detentions of immigrants without criminal records.
Over the weekend, several media outlets, such as the Daily Wire, circulated stories based on alleged internal ICE sources claiming an order to suspend arrests of immigrants with no criminal background. This news brought momentary relief, but the DHS debunked it by stating, "no one is off the table," and President Trump reiterated that there have been no changes to his immigration policy.
“I saw some comments that I knew were entirely false. If you look at what this administration has consistently stated, DHS has said they will detain everyone,” Allen asserted.
ICE's Arrest Quotas and Statistical Realities
Allen explained the operational reason behind the impossibility of excluding individuals without criminal records: ICE operates under weekly arrest quotas, and statistically, this group constitutes the majority of those detained.
“They have a quota to arrest X thousands of people weekly, and if they don’t arrest individuals without criminal offenses, they won’t arrest anyone because, statistically, over 70% of those they have detained have not even received a traffic ticket,” he pointed out.
This statistic aligns with data from the TRAC project, which as of July 11, 2026, showed that 70.6% of individuals in ICE custody had no criminal conviction.
Electoral Strategy or Reality?
For Allen, any announcement of a pause in detentions would merely be electoral strategy. “If they say we won’t detain people without criminal records, they reduce their quota by 70%. They’re telling a fairy tale for the November election to appear more reasonable when they’re not. It’s all theater,” he remarked.
The attorney underscored the severity of the situation with recent cases involving Cubans caught in this scenario. One such individual entered the U.S. with humanitarian parole almost three years ago and was working as an Uber driver when police detained him due to vehicle registration information.
“Just 15 minutes after leaving my office: a Cuban gentleman entered via humanitarian parole, was doing Uber, got pulled over for his car registration, and now he’s detained, accused of being an alien arriving in the United States,” Allen recounted.
Classified as an "arriving alien," the immigration judge has no jurisdiction over his case and cannot grant him bail, despite waiting two years for resolution of his residency application under the Cuban Adjustment Act. “We’re pushing for USCIS to interview him in jail. It’s a slightly difficult process, but that’s what we have to do now,” he explained.
On Friday, another Cuban who entered through CBP One and failed to request asylum in time was detained in Texas; the judge ruled it’s too late to file that application, leaving him without bail.
Rise in ICE Operations
The situation is part of a sustained escalation of ICE operations during 2026. Detentions at airports surged by 1,200% between June and September, and the agency set arrest records over the summer, with less than a quarter of those arrested in July having criminal records, compared to nearly 60% in December 2024.
“So it’s truly sad, but as elections continue, the plan remains to detain as many as possible,” Allen concluded.
ICE operations and their impact on immigrant communities remain an ever-evolving topic. Stay informed in our Immigration in the U.S. section.
FAQs on Current ICE Detention Policies
What did Willy Allen say about ICE's detention policies?
Willy Allen stated that ICE's detention policies have not changed, despite rumors of a new directive to halt the detention of immigrants without criminal records.
Are ICE detentions increasing in 2026?
Yes, ICE detentions have increased significantly during 2026, with a 1,200% rise at airports between June and September.
What impact do ICE's arrest quotas have?
ICE's arrest quotas necessitate the detention of immigrants without criminal records, as these individuals make up the majority of those detained.