At Shepelsky Law Group, we worry greatly about 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. ICE is holding nearly half (about 31,000) of detainees with no criminal conviction or pending charges, solely for civil immigration violations. This marks the fastest-growing category of detainees under the current administration. Non-criminal detainees arrested by ICE increased 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 takes place before the system can evaluate claims. The increase in “collateral arrests” means that ICE may sweep up individuals during raids or enforcement actions. This takes place 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. It leaves individuals with limited access to legal counsel or the chance to present their cases for relief.
At Shepelsky Law Group, we emphasize that detention/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 face or experience detention. In those instances, they have 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 and explore potential legal defenses. We will 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. Detainees often don’t have the opportunity to fully defend their claims.
If you are facing non-criminal immigration detention, it is critical to consult with an immigration attorney. Explore your options for relief and to ensure your rights are protected.
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