50% ICE detainees are non-criminal— Know Your Rights in Detention

Recent data from immigration detention facilities reveals a troubling statistic: Over 50% of those currently held by ICE have no criminal conviction at all. These are immigrants—many long-term U.S. residents—who may be detained for civil immigration violations, missed hearings, or overstayed visas, not criminal behavior.

This raises serious concerns about how ICE exercises its enforcement authority and the protection of due process rights for those in custody.

What You Should Know About ICE Detainees

Immigration detention is not criminal incarceration—it is civil. Yet many detainees are treated like criminals, often placed in jail-like facilities, with limited access to legal counsel or adequate healthcare. The fact that half the detained population has no criminal record challenges the public narrative that ICE targets only “dangerous individuals.”

In reality, those with:

• Pending asylum cases

• Marriage-based green card applications

• TPS or DACA renewals

• Final orders issued without notice

… are being swept into detention, often without full knowledge of their rights or options for release.

 What It Means for Immigrants

You do not need a criminal record to be detained by ICE. This reality means that even compliant, law-abiding immigrants can find themselves behind bars—unless they know how to assert their rights.

Key takeaways:

• You have the right to remain silent: You don’t have to answer questions about your status without a lawyer.

• You have the right to a bond hearing: If eligible, you can request to be released while your case continues.

• You may qualify for relief from removal: Green card eligibility, asylum, VAWA, U-visas, and more can stop deportation.

• Being detained doesn’t mean you're out of options: Many immigrants win their cases after being taken into custody.

Shan Potts Law Offices Perspective

At Shan Potts Law Offices, we’ve represented hundreds of detained immigrants—many with no prior convictions. The system often assumes detention equals danger, but we know better.

Our team takes a proactive approach:

• We demand bond hearings for eligible clients.

• We file emergency motions for clients who never got proper notice of hearings.

• We pursue every form of relief, including Motions to Reopen, stays of removal, and humanitarian applications.

You are not alone. If you or your family member is detained, we act fast to get them out and fight for their right to stay.

Next Steps for You

• If your loved one is detained, get their full name, alien number (A#), and facility name.

• Don’t speak without a lawyer – especially during ICE interviews.

• Gather documents – proof of U.S. ties, medical issues, and pending applications.

• Call us immediately – the earlier we act, the stronger your case.

More than half of ICE detainees have no convictions. That could be you or someone you love. Don’t wait to understand your rights—take action now.

Contact Shan Potts Law Offices to fight detention and protect your future.

(Source: Reuters)