About a third of people arrested by ICE had no criminal record, new data shows

LEILA FADEL, HOST:

President Trump has repeatedly said that in enforcing immigration policy, he would deport criminals, rapists and the worst of the worst. But new data reveals that in the first nine months of the president's second term, Immigration and Customs Enforcement arrested more than 74,000 people with no criminal record. That's more than a third of the total ICE arrests in that period. Those numbers were provided by ICE to the Deportation Data Project, a joint initiative of UCLA and UC Berkeley Law and analyzed by NPR. For more, I spoke to Ariel Ruiz Soto, a senior policy analyst with the Migration Policy Institute. And I started by asking him what this says about the Trump administration's approach to immigration enforcement.

ARIEL RUIZ SOTO: Well, at first, it contradicts the earlier messaging from the Trump administration that it's focused on the worst to the worst and targeting criminal convictions. However, recently, the administration has also said that anybody here in the United States without legal status will be subject to deportation in the future.

FADEL: Well, let's get to what is a crime and what's not. We hear from the administration not just the claims that they're arresting rapists and gang members, but also, they say that anyone in the country without proper paperwork is a criminal. Is that true that being undocumented means you've committed a crime?

RUIZ SOTO: Under immigration law, entering the country without proper authorization is a lower offense compared to those that we colloquially think are criminal convictions in a more criminal system, meaning, for example, murder, rape, drug abuse or something else like that that could get it to be higher.

FADEL: What do we know about the other two-thirds of these arrests? Do they all have criminal histories?

RUIZ SOTO: No. Among the other two-thirds, about half of those are actually people with a criminal pending charge but not yet proven guilty. Of those that do have a criminal conviction, we know from previous reports from ICE and experience that we've done research on that the majority of those criminal convictions tend to be traffic violations or lower-level offenses.

FADEL: Was that surprising to you?

RUIZ SOTO: I didn't think it was surprising because it's been happening over months. I think the visibility has been surprising. And perhaps the other aspect of this that has been also not transparent is this is just for ICE arrests. We don't know yet how many arrests are being made by Border Patrol across the different cities they're now targeting to consider the full impact of this new enforcement.

FADEL: What has this meant for immigrant communities, mixed-status communities and families when it comes to their presence in the United States and their relationship with law enforcement and the government?

RUIZ SOTO: Well, the direct impact is on those people that are here without status. Many of them are not going outside their homes. But I think the bigger impact here is that mixed-status families are also affected. The fact, for example, that families may forgo seeking benefits that are eligible for their U.S. citizen children because they're afraid of potentially being detained or arrested, that actually has implications for U.S. citizens and many of these citizens. In fact, 5.3 million U.S. citizen children have one parent who is undocumented in the United States, and that could actually make a significant difference in their separation.

FADEL: What would you say to people listening who say, well, I mean, people should not have entered without status, and this is the consequence?

RUIZ SOTO: Well, it's clear that migrants who are here without status are subject to deportation and arrest, but people have access to due process. They need to have an opportunity to present their claims to why they should stay in the United States. And if in the end of that litigation, it is determined that the person has to leave the United States, and that should be the case.

FADEL: Ariel Ruiz Soto is a senior policy analyst with the Migration Policy Institute. Thank you so much for your time.

RUIZ SOTO: Thank you.

FADEL: We reached out to ICE for comment and have not heard back. Transcript provided by NPR, Copyright NPR.