Recent reports created confusion about whether ICE officers had been told to stop arresting undocumented immigrants without criminal records. The Trump administration now says clearly that ICE’s nationwide arrest policy has not changed. If you worry about an arrest, speak with an ICE arrest attorney New York immigrants trust before ICE contacts you.
Short answer: Yes, ICE can still arrest people without criminal records. The administration says it prioritizes serious offenders. However, officers may still arrest other undocumented immigrants they encounter.
What Happened?
According to a September 27, 2026 Fox News report, ICE officers recently received verbal guidance telling field offices to prioritize the most serious criminal offenders. Some agents reportedly understood the instructions as a limit on arrests. Administration officials later said that reading was incorrect.
Fox News reported that its correspondent spoke with President Donald Trump and multiple ICE and Department of Homeland Security sources. The guidance reportedly confused ICE personnel because some officers saw it as a major policy change. Officials later described a miscommunication about enforcement priorities, not a formal restriction on who ICE can arrest. In addition, Newsweek reported that DHS denied any change in strategy.
New guidance was reportedly sent to ICE offices on September 26. It reaffirmed that the administration’s existing enforcement policy remained in effect.
Who Is ICE Still Prioritizing?
The administration says ICE’s primary focus includes people it considers serious public-safety threats. That can include individuals with:
- Serious criminal convictions
- Pending criminal charges
- Gang or organized-crime involvement
- National-security concerns
- Certain immigration violations that DHS considers enforcement priorities
DHS Secretary Markwayne Mullin said the department focuses on the most serious offenders. However, he also made clear that encounters with other undocumented immigrants can still lead to arrest. Therefore, being a lower enforcement priority does not mean you are protected from arrest.
Can ICE Arrest People Without Criminal Records?
Yes. According to the Fox News report, President Trump confirmed that ICE may keep arresting people who are unlawfully present, even without an additional criminal history. That reportedly includes so-called collateral arrests.
A collateral arrest happens when ICE targets one person but encounters another person officers believe is unlawfully present. For example, ICE might come to a home for one individual and meet a roommate or relative. That additional person may become subject to enforcement as well. The administration says those arrests remain permitted.
Immigration violations and criminal violations are not the same thing. A person can have no arrests, no convictions, no pending charges, and years of law-abiding residence, and still face enforcement. It depends on that person’s status and circumstances. Recent DHS statements similarly indicate that officers may arrest undocumented immigrants they encounter, even when those people were not the original targets.
People With Final Deportation Orders Face Extra Risk
Be careful with headlines suggesting that ICE focuses only on criminals. A final removal order may allow authorities to pursue enforcement without a separate criminal conviction. Whether ICE looks for a particular person depends on many factors. However, the latest clarification does not protect people with final orders and clean records.
ICE Enforcement Remains Very Active
The clarification comes during a period of heightened enforcement. Recent reporting documents large numbers of ICE arrests in 2026 and expanded enforcement tactics. That enforcement has included people with criminal histories and immigrants whose violations involve only immigration law. As a result, the internal confusion does not signal a broader pause. For the bigger picture, read who is most at risk of ICE detention and removal right now.
Do Not Rely on Social Media Headlines
A viral post may say “ICE is no longer arresting undocumented immigrants without criminal records.” That is not an accurate description of the current position. The accurate version is this: ICE says it prioritizes serious 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, or missed immigration court, understand your specific history. Some people may have options to fight removal or obtain status, including:
- VAWA, T visas, and U visas
- Asylum and cancellation of removal
- Adjustment of status and family-based immigration
- Motions to reopen old immigration cases
- Other immigration relief
Every case is different. In addition, courthouse arrests remain a concern, so see our reports on courtroom ICE arrests and the NYC immigration court ruling.
ICE Arrest Attorney New York: How Shepelsky Law Group Can Help
Do not assume a clean criminal record means ICE cannot arrest you. Likewise, do not rely on a viral headline to judge your risk. Shepelsky Law Group, a New York immigration law firm, can review your immigration history, assess whether you are vulnerable to enforcement, and evaluate strategies to protect you and your family.
ICE Arrest Attorney New York: Frequently Asked Questions
Can ICE arrest me if I have no criminal record?
Yes. Immigration violations and criminal violations are different. A person with no arrests or convictions can still face immigration enforcement, depending on immigration status and individual circumstances. Therefore, do not assume a clean record protects you.
What is a collateral ICE arrest?
A collateral arrest happens when ICE targets one person but encounters another person officers believe is unlawfully present. For example, ICE may visit a home looking for one individual and meet a roommate or relative. That second person can become subject to enforcement too. Read our guide to what to do during an ICE raid.
Did ICE stop arresting immigrants without criminal records?
No. Reports said ICE field offices received verbal guidance to prioritize the most serious offenders. However, officials said that guidance was a miscommunication about priorities, not a formal limit on who ICE can arrest. As a result, the nationwide arrest policy has not changed, according to the administration.
Are people with final deportation orders safe if they have a clean record?
No. A final removal order may allow immigration authorities to pursue enforcement even without a separate criminal conviction. The latest clarification creates no general protection for people with final orders. Whether ICE looks for a particular person depends on many factors, so get a case review.
What should I do if ICE arrests me or a family member?
Stay calm, do not resist, and ask for a lawyer. Then contact an immigration attorney quickly. Our guides explain bond hearings after an ICE arrest, new bond eligibility rulings, and what families need to know about ICE detention.
What are my rights if ICE comes to my home?
Generally, you can stay silent, refuse consent to enter, and ask to see a judicial warrant. However, do not physically resist. Learn more about your rights if ICE comes to your home.
Can I fight removal if I entered without inspection or overstayed?
Possibly. Every case is different, and an immigration violation does not automatically mean there is no legal solution. Depending on your history, options may include asylum, VAWA, T or U visas, cancellation of removal, adjustment of status, family-based immigration, or a motion to reopen an old case.
How can an ICE arrest attorney New York immigrants trust help me?
An attorney can review your immigration history, identify your risk, and build a strategy before ICE contacts you. If you are already detained, an attorney can pursue bond and defend you in court. Shepelsky Law Group, a New York immigration law firm, handles ICE detention and custody defense and immigration court and deportation cases.
Need Help? Talk to a New York Immigration Lawyer
Call Shepelsky Law Group at 718-769-6352 or contact us online to schedule a consultation. You can also learn more about our attorneys.