Immigration and Customs Enforcement (ICE) has detained the highest number of people since its creation in the wake of the 9/11 terror attacks, with a dramatic surge in the number of non-criminal immigrants now in custody. Newly released data from the agency shows that the number of detainees without criminal records has skyrocketed by more than 2,000 percent since President Donald Trump, now serving his second term as U.S. president, took office in January.
As of November 16, ICE and Customs and Border Protection (CBP) were holding a combined total of 65,135 people in detention facilities across the United States. A little less than half of that number—30,986 detainees—had no criminal records or pending criminal charges and were classified simply as “other immigration violator,” meaning they were being held solely for civil violations of U.S. immigration law.
The figures, released online in line with a transparency requirement mandated by Congress, come at a time when public confidence in the agency appears to be waning. A recent Daily Mail/JL Partners poll shows ICE’s approval rating at just 34 percent, a four-point drop since October, with 45 percent of 1,246 registered voters surveyed saying they disapprove of the agency’s performance.
A Post-9/11 Record for Immigration Detention
ICE, established in 2003 as part of the reorganization of federal security agencies after the 9/11 attacks, has never before publicly reported detention figures as high as those now recorded. The current numbers underscore the scale and intensity of the enforcement strategy being carried out under President Trump’s administration.
According to the latest data, the total of 65,135 detainees includes both ICE and CBP populations. ICE initially took custody of 52,510 people, while CBP initially detained 12,625. These figures highlight how both agencies are working in tandem to enforce immigration laws, with facilities nationwide operating at levels not seen in over two decades.
The escalating detention numbers have drawn renewed attention to conditions inside facilities and to the human impact of large-scale immigration enforcement. Advocates, lawmakers, and community groups have raised concerns about overcrowding, prolonged detention, and the growing number of individuals in custody who have no criminal history.
Non-Criminals Now the Largest Category in ICE Custody
The most striking development in the latest data is the rapid growth in the number of non-criminal immigrants being detained. In January, detainees without criminal convictions or pending charges made up the smallest category in ICE custody. By November 16, that category had become the largest, with 30,986 detainees—almost as many as the other two categories combined.
Looking at ICE’s own numbers, the agency has seen a 2,143 percent rise in non-criminal detainees over a period of less than a year. On January 26, ICE held 945 such individuals. By November 16, that number had swelled to 21,194 under ICE alone, separate from those initially taken into custody by CBP.
By comparison, the number of detainees with criminal convictions rose by 73 percent, while the number of those with pending criminal charges increased by 226 percent over the same period. The statistics do not distinguish between serious felonies and minor offenses, meaning the criminal categories may range from violent crimes to low-level misdemeanors. Notably, illegal re-entry to the United States is classified as a misdemeanor for first-time offenders, and many of these cases are handled in civil, rather than criminal, court.
Enforcement Strategy vs. Promise to Target ‘the Worst of the Worst’
The data appears to undercut one of the central promises of President Trump’s immigration agenda: that enforcement operations would focus on “the worst of the worst,” such as gang members and serious criminals. Instead, the most dramatic increase in detention has been among immigrants with no criminal record at all.
This apparent discrepancy has fueled criticism from both immigration advocates and some conservative commentators who once supported the administration’s hard-line rhetoric. Critics argue that the emphasis has shifted from dangerous offenders to ordinary workers and long-settled community members who lack legal status but pose no public safety threat.
For many observers, the numbers reinforce fears that immigration enforcement has become broader and more indiscriminate than originally advertised, with workplace raids and neighborhood sweeps increasingly affecting people who have no criminal history. This has intensified public debate over whether the current approach enhances national security or simply expands the net of detention.
Human Impact: High-Profile Arrest Highlights Enforcement Tactics
Beyond statistics, individual cases have highlighted the human cost of the aggressive enforcement posture. One recent incident drawing national attention was the arrest of Bruna Ferreira, a woman with close family ties to White House Press Secretary Karoline Leavitt.
Ferreira, who shares an 11-year-old son with Leavitt’s brother, Michael Leavitt, was detained in Revere, Massachusetts, earlier this month. She is currently being held at an ICE facility in southern Louisiana. The case has sparked debate about whether enforcement actions are being carried out in a way that adequately considers family ties, community integration, and humanitarian factors.
The arrest has also intensified scrutiny over whether prominent connections can shield individuals from enforcement actions—or whether the administration’s policies are applied uniformly, regardless of personal relationships to senior officials. For critics, Ferreira’s case is emblematic of a broader pattern of removals and detentions that reach deeply into families and communities, rather than being narrowly aimed at dangerous offenders.
Protests, Public Backlash, and a Shifting Conservative View
On the ground, the enforcement surge has been met with vocal resistance. ICE and Enforcement and Removal Operations (ERO) agents have clashed with demonstrators at various locations, including outside an ICE processing center in Broadview, Illinois, and the agency’s headquarters in Portland, Oregon. Protesters have accused the agency of using “brutal tactics” to arrest and deport immigrants, particularly those without criminal records.
Some of the backlash is coming from an unexpected direction: conservative voices that once championed tough immigration enforcement. A growing number of right-leaning commentators are now questioning the scope and methods of ICE’s operations under President Trump’s second-term administration, especially in cases targeting non-criminal migrant workers.
In one June episode of “The Joe Rogan Experience,” influential podcaster Joe Rogan—who issued an 11th-hour endorsement of Trump in the 2024 election—expressed alarm over raids at places like Home Depot and construction sites. “They said, ‘We’re gonna get rid of the criminals and the gang members first’… And now we’re seeing, like, Home Depots get raided. Like, that’s crazy,” he said, adding that voters “wouldn’t have signed up” for such tactics. In a later episode, Rogan described enforcement actions targeting “construction workers” and “gardeners,” calling it “insane” that migrant workers, rather than cartel members or drug traffickers, were bearing the brunt of enforcement.
Polls Show ICE’s Image Eroding Alongside Trump’s Approval
The enforcement strategy is unfolding against a backdrop of political polarization and a divided public. According to the Daily Mail/JL Partners poll, ICE’s approval rating has dropped to 34 percent, with 45 percent of respondents voicing disapproval. The decline signals growing unease with the agency’s methods and its expanding reach.
For President Trump, now in his second term, the fallout from ICE’s actions is also being felt at the ballot box—or at least in political sentiment. Among the 55 percent of respondents who disapprove of his performance as president, 41 percent cited the actions of ICE and immigration enforcement as one of their top three reasons for that negative assessment.
These numbers suggest that immigration policy, once seen as a core strength with his political base, may be becoming a vulnerability. While some supporters still applaud the administration’s uncompromising stance, others are increasingly uncomfortable with images of raids, mass detentions, and families separated by civil immigration enforcement. As the number of detainees climbs to record levels, the political and human costs of the crackdown are likely to remain central in the national conversation.
Future of Enforcement: Questions with No Easy Answers
The record-setting detention figures raise complex questions about the future of U.S. immigration enforcement under President Trump’s leadership. Supporters argue that strict application of the law is necessary to uphold the integrity of the immigration system and deter illegal entry. Critics insist that an enforcement-first strategy that sweeps up non-criminal immigrants in large numbers is both inhumane and counterproductive.
With protests mounting, public approval slipping, and some conservative voices turning critical, pressure is building for a recalibration of enforcement priorities. Whether the administration adjusts course to more closely align with its stated goal of focusing on “the worst of the worst,” or doubles down on a broad-based enforcement approach, will shape not only the lives of tens of thousands of detainees but also the trajectory of the national immigration debate in the months ahead.
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