What the Numbers Don't Tell — — 74% Unconvicted%, The Underside of Enforcement Revealed by ICE Arrest Data

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“We will prioritize deporting criminals.” This sentence summarizes the Trump administration's immigration enforcement policy. From the moment he took office, Border Patrol official Tom Homan repeatedly stated that “criminal illegal aliens are the priority,” and the White House declared it would remove “the worst of the worst.” However, federal data shows a different reality from that promise. Approximately 74%of those held in Immigration and Customs Enforcement (ICE) detention facilities had no prior criminal record in the United States. Only 5%had a history of violent crimes. The disconnect between the promise and reality is being revealed through the federal government's own data. As detention numbers reach record highs and deaths in custody increase at a record pace, it is an important time for the Korean community to understand exactly what these numbers mean.

74%, and an upward trend

“Statistics don't lie, but liars use statistics.”

As of January 25, 2026, of the 70,766 individuals held in ICE detention facilities, 52,504, or 74.2%, had no record of criminal conviction in the United States. According to an analysis by the Cato Institute, detainees with prior felony convictions for violent crimes accounted for only 5%of the total. Internal documents obtained by CBS News also revealed that during the first year of President Trump's term, the percentage of those arrested by ICE with a record of violent crime was as low as 14%. The remaining 86%were individuals with no connection to violent offenses. Of course, “no criminal record” does not necessarily mean “legally present.” Most of these individuals are in violation of immigration law, such as overstaying their visas or entering the country illegally. However, immigration violations are mostly civil violations, not criminal offenses. When the administration states that it prioritizes “criminals,” there is a significant gap between the image of a criminal that the general public conjures and the individuals who are actually arrested.

이 비율은 시간이 지날수록 상승하고 있습니다. 팩트체크닷오르그(FactCheck.org)의 시기별 분석이 추세를 명확하게 보여줍니다. 트럼프 2기 첫 3개월간 무범죄 체포 비율은 21.9%였습니다. 이후 3개월 동안 34.2%로 올랐고, 그 다음 3개월에는 40.5%에 달했습니다. 2026년 1월에는 구금자 중 전과나 기소 이력이 없는 비율이 43%에 이르렀습니다. 별도의 지표인 구금자 유죄판결 비율에서도 같은 추세가 나타납니다. 형사 유죄판결이 있는 구금자의 비율은 2025년 2월의 54%에서 2026년 1월 29%로 거의 절반으로 떨어졌습니다.

Researcher Austin Kocher's analysis summarizes this trend more clearly: 92%of the increase in FY2026 ICE detention numbers were filled by immigrants without convictions (including those with pending prosecutions). While detention facilities are expanding, the majority of people filling that expansion are immigrants with no connections to crime. The Department of Homeland Security (DHS) counters this data, stating that a lack of criminal history does not equate to a lack of threat, and that illegal presence itself is a violation of federal law. In its one-year anniversary report this January, DHS highlighted its successes in cracking down on “the worst criminal aliens.” However, the report did not specify what percentage of total arrests had criminal records. Highlighting successes on a case-by-case basis while withholding broader statistics is evidence they acknowledge the inconvenient truth of the numbers.

933 people a day, the local reality behind the numbers

“One person's statistics are another person's neighbor.”

According to federal data obtained by The Washington Post through a Freedom of Information Act (FOIA) lawsuit, ICE is arresting an average of approximately 933 people per day as of March 10, 2026. The Washington Post reported that even after two U.S. citizens were killed in a shootout during an ICE operation in Minnesota, there has been no significant change in the rate of arrests of individuals with no criminal records. This implies that despite Homan's promises of “targeted operations,” little has changed on the ground. 933 people per day translates to about 28,000 people per month. On an annual basis, this amounts to over 330,000 people, a figure that suggests a large-scale sweep rather than a targeted operation.

Data by region shows the specific face of this phenomenon. In Washington D.C., Maryland, and Virginia, approximately 19,500 people were arrested by ICE from January 20, 2025, to March 10, 2026. Of these, approximately 11,600, or 60%, had no criminal record. Compared to the approximately 3,800 ICE arrests in the region during the last year of the Biden administration, the majority of the increase came from immigrants without criminal records. In Maryland, 70%of arrestees since last August were non-criminals, and in February of this year, that figure approached 80%.

A similar pattern is emerging in Kentucky. Since the start of Trump's second term, about 3,500 individuals have been arrested under the jurisdiction of ICE offices in Louisville and Bowling Green, with 78%of those arrests leading to deportation. This is nearly double the 42portation rate at the end of the Biden administration. More than 250 individuals are being arrested on average per month by the two regional offices, indicating that enforcement is becoming more stringent even in non-metropolitan areas. In Washington State, recent ICE data has also shown a surge in arrests, and there is a clear trend of enforcement expanding nationwide, regardless of whether areas are immigrant-dense or not. This nationwide expansion is noteworthy not because it is confined to specific cities or states, but because it represents a systematic implementation of federal policy. According to NBC News, arrests of immigrants without criminal records have increased eightfold since the start of the Trump administration. While previous administrations focused enforcement resources on immigrants with criminal records, the current administration has fundamentally changed its approach, treating immigration status violations themselves as sufficient grounds for enforcement. This, in turn, is reflected in the current numbers.

“The flip side of ”criminals first"

“There is policy between words and actions.”

Tom Homan left a crucial clue in an NBC News interview. “When they say criminal illegal aliens are a priority, they are just that, a priority. I've said it many times. If you are here illegally, you are not exempt from enforcement. If we come across you while we're out looking for somebody else, we're going to arrest you.” These remarks are the direct confirmation from a senior administration official that the slogan “criminals first” does not mean “only criminals.”.

Homan also warned in an interview that NBC News reported on in February, “Operations have to be targeted to maintain the trust of the American people.” This warning came amid a shift in public opinion. A NPR/PBS/Marist poll found that two-thirds of Americans felt ICE had “gone too far.” Reports also indicated that Republican leaders were instructed to shift their messaging from “mass deportations” to “deporting criminals.” Even the Speaker of the House stated a “course correction” was needed. In Texas primaries, a record turnout confirmed immigration policy was a fiery issue among voters.

However, data shows that these messaging shifts are not reflected in actual enforcement patterns on the ground. Ninety-three arrests per day, with a 74%rate of arrests of those with no criminal record, outline broad net-casting enforcement rather than targeted operations. These numbers raise another question: As finite enforcement resources are concentrated on arresting immigrants with no criminal record, is the capacity to enforce against actual criminals being diluted? The Migration Policy Institute and the American Immigration Council point out that such broad enforcement erodes trust in law enforcement within immigrant communities, leading to decreased crime reporting and diminished cooperation with investigations. This creates a paradox where an increase in immigrants who are afraid to report crimes they have experienced, even to the police, ultimately weakens public safety for the entire community. This is not merely a theoretical concern. Field reports from Washington D.C. already indicate a noticeable decrease in reporting by immigrant victims of domestic violence.

Detention Scale and the Korean Community

“News from afar becomes reality close to home.”

As a direct result of these increased crackdowns, detainee numbers surged to an all-time high of 73,000 in January, an increase of more than 70% from 39,000 at the end of the Biden administration. Concerns about detention conditions are also mounting. Fifteen individuals died in ICE custody between January and early April of 2026, bringing the total since the beginning of Trump's second term to 46. NPR reported that 2025 was the deadliest year for in-custody deaths since 2004, and 2026 is already outpacing that rate. The Camp East Montana facility in Texas alone has faced intense criticism after three deaths occurred there. In a recent report, the American Immigration Council described the current detention system as “more punitive and less accountable than ever.” The surge in detainees has pushed existing facilities beyond their capacity, and a lack of oversight has been noted in the medical and sanitary conditions of facilities secured through emergency contracts.

This data has significant implications for the Korean community. The fact that the majority of ICE arrests are made regardless of criminal records means that undocumented Koreans, even those without criminal histories, can be subject to arrest and deportation. While New York and New Jersey maintain sanctuary city policies, limiting the application of the 287(g) program where local police directly cooperate with ICE, federal enforcement actions proceed regardless of sanctuary city status. Reports have surfaced of immigrants being arrested by ICE during visits to immigration offices, court appearances, and even in Washington D.C., after visiting a police station to report a stolen vehicle. As these cases become known, a chilling effect is spreading throughout immigrant communities, discouraging victims of crimes from reporting them. It is realistically necessary to establish an emergency plan with an immigration lawyer in advance if you have undocumented family members. Preparing for “what if” scenarios is no longer an overreaction but a reasonable precaution. It is recommended to pre-arrange your rights when arrested by ICE (right to remain silent, right to counsel, right to review documents before signing), emergency contact information, and a child custody delegation plan.

Numbers themselves do not take a political stance. The figure of 74%does not say that immigration enforcement is wrong or should be stopped. However, this number makes one thing clear: the current enforcement is a long way from the administration's stated “criminals first” approach. Arrests of 933 people per day, a record high of 73,000 in detention, and 46 deaths in detention. It is not policymakers who bear the weight of these numbers, but the individuals being arrested and their families. In the gap between official messages and actual data, tens of thousands of lives are being decided day by day. Facing the reality that the data speaks is the first step towards informed judgment. What the numbers don't say is that each of those numbers is a person's story. And the data clearly shows that among those stories are many who have worked in this country, paid taxes, and raised children, regardless of any criminal activity.


Disclaimer: This column is for general information purposes only and is not legal advice for your specific case. You should always consult with an attorney who specializes in immigration law for your individual case.

Law Offices of Jin Dong Cho
NEW YORK OFFICE (Flushing) 35-24 154th Street, Flushing, NY 11354
(t) 718-353-2699 (f) 718-353-8132
NEW JERSEY OFFICE 560 Sylvan Avenue, 3Fl., Englewood Cliffs, NJ 07632
(t) 201-449-0009

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