Recent reports created confusion over whether ICE officers had been told to stop arresting undocumented immigrants who do not have criminal records.
The Trump administration is now saying clearly: ICE’s nationwide arrest policy has not changed.
According to a September 27, 2026 Fox News report and other internet publications, ICE officers had recently received verbal guidance telling field offices to prioritize the most serious criminal offenders. Some agents reportedly understood the instructions as meaning that ICE should limit arrests to immigrants with criminal convictions or pending criminal cases.
Administration officials later said that interpretation was incorrect.
WHAT HAPPENED?
Fox News reported that its correspondent spoke with President Donald Trump as well as multiple ICE and Department of Homeland Security sources.
According to the report, verbal guidance was distributed to ICE field offices nationwide instructing officers to prioritize the most serious enforcement targets first.
The guidance reportedly caused confusion among ICE personnel because some officers believed it represented a major change in enforcement policy.
Officials later described the situation as a miscommunication involving enforcement priorities rather than a formal restriction on who ICE could arrest.
New guidance was reportedly sent to ICE offices on September 26 reaffirming that the administration’s existing immigration enforcement policy remained in effect.
ICE IS STILL PRIORITIZING SERIOUS CRIMINAL CASES
The administration continues to say that ICE’s primary enforcement focus includes people considered serious public-safety threats.
That can include individuals with:
- Serious criminal convictions;
- Pending criminal charges;
- Gang or organized-crime involvement;
- National-security concerns; and
- Certain immigration violations that DHS considers enforcement priorities.
DHS Secretary Markwayne Mullin recently said that the department’s focus is on the most serious offenders, while also making clear that encounters with other undocumented immigrants can still lead to arrest.
But there is an important distinction:
Being a lower enforcement priority does not mean a person is protected from arrest.
ICE CAN STILL ARREST PEOPLE WITHOUT CRIMINAL RECORDS
According to the Fox News report (, President Trump confirmed that ICE may continue arresting people who are unlawfully present in the United States even when they do not have an additional criminal history.
That reportedly includes so-called collateral arrests.
A collateral arrest occurs when ICE is conducting an operation targeting one individual but encounters another person whom officers believe is unlawfully present in the United States.
For example, ICE might come to a home looking for one particular individual but encounter a roommate, relative or other person during the operation. That additional person may potentially become subject to immigration enforcement as well.
The administration says those arrests remain permitted.
HAVING NO CRIMINAL RECORD DOES NOT NECESSARILY PROTECT YOU FROM ICE
This is one of the most important points for immigrants to understand.
Immigration violations and criminal violations are not the same thing.
A person can have:
- No arrests;
- No criminal convictions;
- No pending criminal charges; and
- Years of otherwise law-abiding residence in the United States
and still face immigration enforcement depending on that person’s immigration status and individual circumstances.
Recent DHS statements have similarly indicated that officers may arrest undocumented immigrants encountered during enforcement activity even when those individuals were not the original targets.
WHAT ABOUT PEOPLE WITH FINAL DEPORTATION ORDERS?
People with final orders of removal should be particularly careful about interpreting headlines suggesting that ICE is focusing only on criminals.
A final removal order may allow immigration authorities to pursue enforcement even when the person has no separate criminal conviction.
Whether ICE is actively looking for a particular person will depend on many factors, but the latest administration clarification does not create a general protection for people with final deportation orders who have clean criminal records.
ICE ENFORCEMENT HAS REMAINED VERY ACTIVE
The clarification also comes during a period of heightened immigration enforcement.
Recent reporting has documented large numbers of ICE arrests during 2026 and the use of expanded enforcement tactics as the administration continues its deportation campaign.
That enforcement has included both individuals with criminal histories and immigrants whose underlying violations involve immigration law rather than separate criminal offenses.
This is another reason immigrants should not assume that the recent internal ICE confusion represents a broader suspension of enforcement.
DO NOT RELY ON SOCIAL MEDIA HEADLINES
If you saw a post saying:
ICE is no longer arresting undocumented immigrants without criminal records
that is not an accurate description of the administration’s current position.
The more accurate explanation is:
ICE says it is prioritizing serious criminal offenders, but officers may still arrest other undocumented immigrants they encounter.
Those are two very different things.
WHAT SHOULD YOU DO IF YOU ARE WORRIED ABOUT ICE?
If you are undocumented, have a final removal order, overstayed a visa, entered without inspection, missed immigration court or believe ICE may be looking for you, it is important to understand your specific immigration history.
Some individuals may have options to fight removal or obtain lawful immigration status, including:
- Asylum;
- VAWA;
- T visas;
- U visas;
- Cancellation of removal;
- Adjustment of status;
- Family-based immigration;
- Motions to reopen old immigration cases; or
- Other immigration relief.
Every case is different, and the existence of an immigration violation does not automatically mean there is no legal solution.
SHEPELSKY LAW GROUP CAN HELP
Do not assume that a clean criminal record means ICE cannot arrest you, and do not rely on a viral headline to determine your immigration risk.
Shepelsky Law Group can review your immigration history, determine whether you may be vulnerable to ICE enforcement and evaluate whether you have an immigration strategy available to protect yourself and your family.
Call Shepelsky Law Group at 718-769-6352 to schedule an immigration consultation.