The U.S. Department of Homeland Security (DHS) has firmly denied rumors that the Immigration and Customs Enforcement (ICE) has implemented a policy to cease detaining immigrants without criminal convictions or charges. The department reiterated that arrests will continue for individuals without criminal records who are unlawfully present in the country.
"This is false. No one is exempt," DHS declared on Sunday through a post on its official X account.
The agency further emphasized, "Anyone illegally in our country will be arrested and deported."
ICE Operations Remain Unchanged
The DHS clarified their stance further, stating, "We will continue to arrest every single illegal immigrant we encounter." This response came after The Daily Wire reported, citing anonymous ICE sources, that agents across various regions had been directed to temporarily halt arrests of individuals without criminal convictions or charges.
According to these sources, ICE was reportedly instructed to focus only on immigrants with criminal convictions or charges at present. The report also claimed that individuals with final deportation orders but no criminal charges would not be apprehended.
The sources mentioned that the directive aimed to end "collateral arrests," where agents, in pursuit of a specific target, discover other individuals who are also illegally present in the United States.
However, the DHS dismissed this interpretation, categorically stating that there is no policy change excluding these individuals from immigration enforcement operations.
Prioritizing Criminal Records in Sanctuary Cities
Simultaneously, the department announced a nationwide public safety operation by ICE in so-called sanctuary cities, prioritizing immigrants with criminal backgrounds. The DHS specified a focus on individuals accused or convicted of serious offenses such as murder, rape, child sex crimes, and gang affiliation.
Despite this, further reports introduced a significant nuance regarding internal ICE communications. Fox News revealed that its correspondent Bill Melugin spoke with President Donald Trump and nine sources from ICE and the DHS. They confirmed a verbal instruction had circulated among agency offices.
These sources explained that the directive stemmed from discussions to prioritize more severe cases — a criterion known as "worst first." However, it was later characterized internally as a communication issue, not a formal policy shift.
Subsequently, ICE offices received new instructions affirming that arrests of immigrants without additional criminal records, including collateral arrests, should continue.
Trump also told Fox News that any individual illegally present in the U.S. remains subject to arrest and deportation.
Legal and Operational Challenges
This clarification aligns with immigration attorney Wilfredo "Willy" Allen's statement on Monday. He cautioned that ICE's arrest policy had not changed and advised immigrants not to interpret initial reports as protection against potential arrests.
ICE's operations have significantly intensified during 2026. In August, the agency recorded nearly 51,000 arrests, marking its highest monthly figure to date, according to preliminary government data reviewed by Reuters. This was the third consecutive month of record arrests.
This increase includes a growing number of immigrants without criminal records. Data showed that in July, less than a quarter of those arrested had criminal backgrounds, compared to nearly 60% in December 2024.
Nevertheless, the scope of these operations faces legal limitations in certain jurisdictions. In Southern California, for instance, a federal judge restricted warrantless civil arrests in seven counties, requiring agents to individually determine probable cause regarding immigration status and flight risk before conducting certain warrantless detentions.
This ruling is geographically and legally specific and does not equate to a nationwide suspension of arrests for immigrants without criminal records.
ICE policies and operations in sanctuary cities are constantly evolving. Stay informed with the latest immigration coverage in the U.S. on CubaHeadlines.
Understanding ICE Policies and Legal Implications
What is the current stance of DHS on ICE operations?
The DHS maintains that there has been no policy change in ICE operations, and all individuals illegally present in the U.S. remain subject to arrest and deportation.
What are collateral arrests, and are they still happening?
Collateral arrests occur when ICE agents, while targeting a specific individual, encounter and arrest others who are also illegally present in the country. The DHS has confirmed that these arrests continue to be part of their operations.