What current ICE data actually shows about arrests without criminal convictions
ICE can make an immigration arrest even when a person has no known U.S. criminal conviction. Immigration enforcement is largely a civil administrative process, while a criminal prosecution is a separate court process. That distinction matters because an ICE arrest, an immigration court case and a criminal record are not interchangeable. Current 2026 enforcement data also shows that substantial numbers of people arrested or detained by ICE do not have criminal convictions.
ICE arrests increasingly include people without criminal convictions
Current enforcement data confirms that a person does not need a criminal conviction for ICE to make an administrative immigration arrest.
In a September 2026 Department of Homeland Security filing, DHS stated that ICE arrested 214,992 people between March 1 and August 11, 2026. Of those, DHS reported that 121,055 had criminal convictions or pending criminal charges. DHS separately listed known or suspected terrorists and suspected gang members in the same enforcement summary.
ICE’s own statistical definitions recognize a category of people with no known criminal conviction or pending charge in its system at the time of an enforcement action. ICE calls that group “other immigration violators.”
| Data point | Date / period | What it actually means |
|---|---|---|
| 214,992 ICE arrests | March 1–August 11, 2026 | DHS-reported ICE arrests during that period. |
| 121,055 with conviction or pending criminal charge | Same period | DHS identified this portion as having either criminal convictions or pending criminal charges. |
| 65,765 people in ICE detention | July 11, 2026 | TRAC’s analysis of ICE data counted this many people detained on that date. |
| 70.6% had no criminal conviction | July 11, 2026 | TRAC reported 46,436 of the 65,765 detainees had no criminal conviction. Some people in this group could still have pending charges, so “no conviction” should not automatically be described as “no criminal history.” |
| Criminal-conviction share fell sharply | Summer 2026 | Analysis of ICE-released arrest data by the Deportation Data Project found that the percentage of arrests involving people with criminal convictions reached the lowest level in its available data. |
“No criminal record” can mean several different things
This phrase is often used loosely in immigration news and online discussions. A records search should be more precise.
No criminal conviction found
A person may have no conviction but still have a pending criminal charge, dismissed arrest, old sealed record or immigration-enforcement history.
ICE “other immigration violator”
ICE defines this group as people without known U.S. criminal convictions or pending charges in ICE’s system of record at the time of the enforcement action.
Search limitation
A public search failing to find a criminal case is not the same as a fingerprint-based nationwide confirmation that none exists.
An ICE immigration arrest is usually not a criminal arrest
ICE describes its ordinary enforcement arrests as administrative arrests. Its published statistical definition says these arrests occur when ICE physically apprehends a person for a non-criminal civil immigration infraction.
That is why a person can be taken into ICE custody without first being convicted of a crime. Immigration detention is generally connected to civil removal proceedings rather than a criminal prosecution.
Civil / administrative process
Examples can include removability questions, visa overstays, immigration-status violations and enforcement of a final removal order.
Criminal prosecution
Criminal cases are prosecuted separately in federal or state court and can result in a conviction, acquittal, dismissal or other criminal disposition.
Why can ICE arrest someone who has no criminal conviction?
ICE’s statutory role includes enforcement of federal immigration law in the interior of the United States. Criminal conviction is therefore not a universal prerequisite for an ICE administrative arrest.
Depending on the individual case, ICE enforcement can involve people who:
- are alleged to be removable under federal immigration law
- have overstayed a visa or other authorized period
- have a final order of removal
- are in ongoing removal proceedings
- have previously been removed and later returned
- are transferred to ICE after another agency’s custody
- have a pending criminal charge but no conviction
- have no known criminal charge or conviction in ICE’s records
How to locate someone who may be in ICE custody
ICE’s Online Detainee Locator System (ODLS) is the official public starting point for locating an adult currently in ICE custody or someone who has remained in CBP custody for more than 48 hours.
Use the A-Number if you have it
ICE recommends the A-Number search when possible. Enter all nine digits. If the A-Number contains fewer than nine digits, add leading zeros.
Otherwise search by biographical information
Enter the person’s first and last names exactly as ICE has them and select the person’s country of birth. Date of birth can help narrow the search.
Copy the detention-facility information
If ODLS provides a facility, record its name immediately and use ICE’s official detention-facility page for visitation, attorney-contact and mailing instructions.
Check the immigration court separately
Detention location and immigration-court case information are different systems. Use EOIR’s Automated Case Information system for court status.
If ICE’s detainee locator shows no result
A missing ODLS result does not always establish that the person is not in federal immigration custody. Search failures can happen because of spelling, timing, transfer, the specific agency holding the person, or limitations on what ICE currently displays.
First, check the spelling
ICE says the biographical ODLS search uses an exact-name match. A missing hyphen, additional surname or spelling difference can produce no result.
Then call ICE’s Detention Reporting and Information Line
Detention Reporting and Information Line
Phone: 1-888-351-4024
ICE currently says trained operators are available Monday through Friday, excluding federal holidays, from 8:00 a.m. to 8:00 p.m. Eastern. Language assistance is available.
September 2026 location-display change
In September 2026, the Associated Press reported that ICE stopped publicly displaying detention locations in ODLS for many people who have final removal orders. That means a person can potentially remain in ICE custody even when the locator no longer provides the location that family members or attorneys previously expected to see.
How to check an immigration court case
Immigration court cases are handled by the U.S. Department of Justice’s Executive Office for Immigration Review (EOIR), not by ICE itself.
Use EOIR’s Automated Case Information System to check basic information for many immigration-court and Board of Immigration Appeals cases.
Enter the A-Number
EOIR requires the person’s A-Number.
Select nationality
The current online case-information system also requires nationality.
Review hearing information
ACIS can show qualifying hearing dates, court location, immigration judge information, court decisions and Board of Immigration Appeals status.
Verify against official notices
EOIR warns that the online system is provided for convenience. Documents issued by the immigration court or BIA remain the official source for case determinations.
Case-status phone access
EOIR also publishes this number as an automated way to obtain qualifying immigration-court case information.
The A-Number is the most useful identifier in an immigration-record search
An Alien Registration Number, commonly called an A-Number, is a government identifier used across many immigration systems.
It can be especially helpful for:
- ICE detainee searches
- immigration court case searches
- EOIR Record of Proceeding requests
- FOIA requests
- USCIS immigration-file requests
- attorney case identification
Immigration bond information may not appear in the public case-status system
EOIR specifically says its Automated Case Information system does not provide bond-hearing information. If a person is detained and there is a separate immigration bond matter, contact the immigration court handling the case or the person’s legal representative.
The existence of a bond proceeding also does not itself show whether someone has a criminal conviction. Immigration custody and criminal history remain separate factual questions.
How to determine whether a person actually has a criminal case
Do not search EOIR or ODLS and treat the result as a criminal-record report. Those systems concern immigration enforcement and immigration proceedings.
| Question | Correct system | What it tells you |
|---|---|---|
| Is the person currently in ICE custody? | ICE ODLS | Immigration detention/custody locator information. |
| Does the person have an immigration court case? | EOIR ACIS | Selected immigration-court and BIA case-status information. |
| Does the person have a federal criminal prosecution? | PACER | Federal district and appellate court cases. |
| Does the person have a state/local criminal case? | State or local court | County, state or municipal criminal court proceedings. |
| What does my own fingerprint-based FBI history show? | FBI Identity History Summary | Certain fingerprint-supported arrest and criminal-history information maintained by FBI CJIS. |
| What immigration documents are in my case file? | EOIR ROP / USCIS A-File / FOIA | Immigration records rather than a public criminal-history search. |
Use the FBI Identity History Summary for your own nationwide criminal history
The FBI can provide an individual with their own Identity History Summary, commonly called a federal “rap sheet.”
The FBI explains that the summary contains certain information submitted through fingerprints, including arrest information and related criminal-history information maintained by its Criminal Justice Information Services Division.
A fingerprint submission is required so the FBI can positively identify the subject of the record.
FBI Identity History SummaryIf your FBI record is wrong
The FBI permits individuals to challenge information they believe is inaccurate or incomplete. Supporting court or agency documents should be included when available.
Use PACER for federal criminal prosecutions
If an immigration-related event also resulted in a federal criminal prosecution, search the federal judiciary through PACER .
PACER allows registered users to search a specific federal court or use the PACER Case Locator to search the nationwide federal case index.
Which immigration record should you request?
Immigration files are spread across several federal agencies. Sending every request to ICE can waste time because ICE may not be the agency that maintains the file you actually need.
Immigration court file
Use a Record of Proceeding request for documents from an immigration court or the BIA.
A-File
The Alien File can contain immigration applications, petitions and other immigration records.
ICE-created records
Use ICE FOIA for qualifying ICE enforcement, detention, policy or agency-created records.
Border / entry records
Certain border apprehension, entry/exit and I-94-related records can belong with CBP rather than ICE.
How to get the immigration court Record of Proceeding
EOIR calls the official immigration court case file the Record of Proceeding (ROP).
For every immigration-court case, the ROP contains documents provided to and received from the court, subject to applicable access restrictions.
If the case is pending
The respondent, attorney of record and certain other authorized people can generally request the ROP directly from the immigration court or BIA without going through FOIA.
EOIR says a request should identify:
- full name
- date of birth
- place of birth
- A-Number
- records or portions requested
- preferred delivery method
EOIR provides Form EOIR-59 for this purpose.
Request an EOIR Record of ProceedingWhen to use an ICE Freedom of Information Act request
FOIA allows people to request federal agency records, subject to privacy, law-enforcement and other statutory exemptions.
ICE FOIA can be appropriate when the records sought are actually created or maintained by ICE, such as qualifying enforcement, detention, operational or policy records.
A strong FOIA request should describe the records rather than simply ask ICE a question.
Include information such as:
- record type
- date or date range
- person’s name
- A-Number when applicable
- ICE office or program involved
- facility name where applicable
- specific incident or action
- documents sought
The USCIS A-File can be more useful than an ICE FOIA request
The Alien File (A-File) is the core immigration file associated with many noncitizens. Depending on the person’s history, it can contain applications, petitions, immigration decisions and other records generated across immigration agencies.
ICE’s own FOIA routing guidance tells requesters seeking A-File records, applications, petitions, benefits records, asylum-related material and various removal-order records to use USCIS’s FOIA process.
Requests involving another living person’s private immigration file generally require appropriate consent or authorization before protected information can be released.
Request USCIS immigration recordsContact the ICE Enforcement and Removal Operations field office
ICE Enforcement and Removal Operations (ERO) maintains field offices covering geographic areas around the United States.
Contacting the field office can be useful when:
- ODLS does not identify a detention location
- there is a question about current ICE custody
- a person was recently transferred
- there is a serious detention concern
- an attorney needs case-related ERO contact information
- there is an urgent removal-related inquiry
Why immigration records are not ordinary public people-search records
Immigration records often contain sensitive personally identifiable information. Public systems such as ODLS and EOIR ACIS therefore provide limited information rather than making an individual’s full immigration file publicly searchable.
ODLS
Limited detention-locator information for qualifying adult detainees.
EOIR ACIS
Limited immigration-court case-status information for qualifying cases.
ROP / A-File
Fuller case files generally require first-party status, authorization or a formal records request.
An ICE detainer is not the same thing as a criminal conviction
An immigration detainer is a request ICE sends to another law-enforcement or correctional agency asking for notification before release and, in qualifying circumstances, temporary custody so ICE can assume immigration custody.
ICE says detainers are based on probable cause to believe a person is removable under federal immigration law.
Many detainers involve people with criminal arrests or convictions because they originate while the person is in another agency’s custody, but the detainer itself is an immigration-enforcement tool rather than a new criminal conviction.
ICE immigration-detainer informationA final removal order is not a criminal conviction
A final order of removal is an immigration-law determination requiring a person to leave or permitting the government to remove that person, subject to whatever further review or relief may legally remain available.
A person can therefore have:
- a final removal order and no criminal conviction
- a criminal conviction and no final removal order
- both a criminal conviction and a removal order
- neither, while an immigration case remains pending
What ICE and immigration information can the public actually search?
| Record | Publicly searchable? | Main limitation |
|---|---|---|
| ICE detention locator | Limited public access | Adults only; exact-match limitations and other current display restrictions apply. |
| Immigration court case status | Limited public access | Not every case or every detail appears; requires A-Number and nationality online. |
| Immigration bond hearing | Not fully shown in ACIS | EOIR directs users to the court for bond-hearing information. |
| Complete ROP | Restricted | Parties and authorized representatives have broader access; non-parties generally use FOIA. |
| Complete A-File | Restricted | Protected personal immigration file; consent/identity rules apply. |
| Federal criminal case | Often public through PACER | Sealed, restricted and certain sensitive documents are unavailable. |
| FBI Identity History Summary | First-party process | Fingerprint-based; not a general public name-search database. |
Where to find legitimate immigration legal help
Immigration law is complex, and detention or removal can involve short deadlines. EOIR maintains an official Find Legal Representation resource.
EOIR also publishes a List of Pro Bono Legal Service Providers for people in immigration proceedings.
Attorney or accredited representative
EOIR recognizes licensed attorneys and qualifying accredited representatives who are authorized to provide immigration representation.
Notario / consultant fraud
EOIR warns that notarios, ordinary document preparers and immigration consultants are not automatically authorized to represent people in immigration court or provide legal advice.
Practical search tips when ICE arrests someone with no known criminal conviction
Start with the A-Number
It connects the detainee, immigration-court and records-request workflows more reliably than a name alone.
Search exact names in ODLS
ICE uses exact-name matching. Try the full legal spelling, including hyphens and multiple surnames.
Separate immigration and criminal searches
ICE detention does not prove criminal conviction. Check EOIR and the criminal court systems separately.
Use DRIL when ODLS fails
The ICE Detention Reporting and Information Line can help with basic case and detention questions.
Check federal and state courts
PACER only covers federal court. State and county criminal cases require the appropriate state/local court.
Request the court ROP directly
A respondent with an active EOIR case can often request the ROP from the immigration court without filing a separate FOIA request.
Send A-File requests to USCIS
ICE itself directs many A-File and immigration-application record requests to USCIS.
Do not overstate “no record”
Say “no conviction found” or “no known conviction/pending charge in ICE data” when that is what the source actually shows.
Preserve notices and case numbers
Notices to Appear, removal orders, detention paperwork, criminal docket numbers and A-Numbers can dramatically improve later record searches.
ICE arrests, criminal records and public-record questions
1. Can ICE arrest an immigrant who has no criminal conviction?
Yes. ICE conducts administrative civil immigration arrests. A criminal conviction is not a universal prerequisite for immigration enforcement. ICE’s own data includes a category for people with no known U.S. criminal conviction or pending charge in its system at the time of enforcement.
2. Does being arrested by ICE create a criminal record?
Not automatically. An ordinary ICE administrative arrest is part of civil immigration enforcement. A separate criminal record would normally arise from a criminal arrest, charge or prosecution in federal or state court.
3. How do I find someone who has been taken into ICE custody?
Start with ICE’s Online Detainee Locator System using the person’s A-Number or exact biographical information. If the locator does not provide useful information, call the ICE Detention Reporting and Information Line at 1-888-351-4024 and contact the appropriate ERO field office.
4. Why does the ICE detainee locator show no result?
Possible reasons include an exact-name mismatch, recent transfer or processing, age restrictions, agency-custody differences or limits on what ODLS currently displays. As of September 2026, locations for many detainees with final removal orders are also no longer being publicly displayed in the same way.
5. How do I check an immigration court case?
Use the Department of Justice Executive Office for Immigration Review Automated Case Information System. The online search requires the A-Number and nationality and provides selected case-status information for qualifying cases.
6. How can I find out whether someone has a criminal case?
Search the appropriate criminal court rather than ICE or immigration court. Federal criminal cases can be searched through PACER, while state and local cases require the applicable state, county or municipal court system.
7. Can I obtain another person’s full immigration file online?
Generally no. Full Records of Proceeding and Alien Files contain protected information. First-party access, authorization or a valid FOIA/Privacy Act process is usually required for nonpublic personal information.
8. What is the difference between an ICE arrest and an ICE detainer?
An ICE arrest is an enforcement action in which ICE takes a person into immigration custody. A detainer is generally a request to another law-enforcement or correctional agency concerning notification and transfer of qualifying custody to ICE.
9. Is a final removal order a criminal conviction?
No. A final removal order is an immigration-law determination. It can exist independently of a criminal conviction, although some people in immigration proceedings also have separate criminal cases.
10. Where can someone in immigration proceedings find free legal help?
EOIR maintains an official List of Pro Bono Legal Service Providers and a Find Legal Representation page. Only properly authorized attorneys and accredited representatives should provide immigration representation before EOIR.
Official and primary resources used for this guide
- U.S. Immigration and Customs Enforcement — Enforcement and Removal Operations Statistics
- ICE Online Detainee Locator System
- ICE Detainee Information
- ICE Enforcement and Removal Operations Field Offices
- ICE Immigration Detainers
- EOIR Automated Case Information
- EOIR Case Information
- EOIR — Request a Record of Proceeding
- EOIR Freedom of Information Act
- EOIR — Find Legal Representation
- EOIR — List of Pro Bono Legal Service Providers
- ICE Freedom of Information Act
- ICE FOIA Library
- USCIS — Request Immigration Records Through FOIA / Privacy Act
- PACER — Federal Court Records
- FBI Identity History Summary Checks
- Deportation Data Project — Analysis of ICE-released 2026 arrest data
- TRAC Immigration — ICE Detention Quick Facts