At Shepelsky Law Group, we are deeply concerned by the latest data released by U.S. Immigration and Customs Enforcement (ICE) relating to non-criminal detention. It shows a dramatic surge in detention of immigrants without criminal records. This development has serious implications for due process and protection-eligible individuals.
ICE Data Reveals Alarming Increase in Non-Criminal Immigration-Related Detentions
Recent ICE data reveal that as of mid-November 2025, among the nearly 65,000 people detained in ICE custody, nearly half (about 31,000) had no criminal conviction or pending charges and were being held solely for civil immigration violations. This marks the fastest-growing category of detainees under the current administration, with non-criminal detainees arrested by ICE increasing more than 2,000 percent since January.
How the Surge in Detention Impacts Immigrants Seeking Relief and Protection
Many of those detained might be eligible for asylum, protection under special humanitarian statuses, or other forms of relief. However, detention often happens before claims are even evaluated. The increase in “collateral arrests” means that individuals may be swept up during raids or enforcement actions without careful examination of their immigration histories or potential for relief.
The growing number of individuals in non-criminal immigration detention has serious implications for access to asylum and other protections. Non-criminal immigration detention often disrupts families, leaving individuals with limited access to legal counsel or the chance to present their cases for relief.
At Shepelsky Law Group, we emphasize that detention and removal cannot and should not be based solely on non-criminal immigration status. Legal relief exists for asylum, VAWA, waivers, cancellation, and other protections. Access to these rights becomes difficult, if not impossible, when individuals are locked in detention with limited access to legal counsel or due process.
Detained Without a Criminal Record?
If you or someone you know is detained without a criminal record, contact us immediately. If you believe you qualify for relief under U.S. immigration law, we are here to help. Our team is ready to evaluate your case, explore potential legal defenses, and advocate for your access to counsel, bond hearings, and protection under the law.
We stand firm in defending due process and the rights of non-citizens, regardless of political pressure.
The increase in non-criminal immigration detention raises serious due process concerns, as detainees are often denied the opportunity to fully defend their claims.
If you are facing non-criminal immigration detention, it is critical to consult with an immigration attorney to explore your options for relief and to ensure your rights are protected.
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