I had a conversation on Facebook today with someone who is not happy with the arrest and deportation of Illegal Aliens. As a result, I posted the following and then did my conversation with my friend GAI (Google AI), who provided the following statistics.
First, understand that anyone who crosses our border illegally is guilty of a crime by so doing. Current immigration laws, most of which have been on the books for many Presidents, are complex but some of the requirements for legal immigration are: Screening for certain diseases. No felony convictions. No affiliations with terror or gang organizations. Little things like that.
80 million Americans hired Donald Trump, with the most prevalent action requested being to arrest and deport Illegal Aliens from the United States and to secure our borders. At this point, he is simply doing the job for which he was hired.
Larry:
How many illegal immigrants have been actually arrested this year compared to how many have self deported?
GAI:
As of early 2026, official data from the Department of Homeland Security (DHS) and independent monitors indicate a significant gap between active arrests and self-deportations.
2026 Immigration Enforcement Statistics
Self-Deportations: Approximately 2.2 million individuals have self-deported since early 2025, according to DHS year-end reports. This surge is attributed to stricter enforcement policies and the repurposing of the CBP One (now "CBP Home") app to offer travel incentives.
Arrests and Detentions:
Total Arrests: ICE made approximately 393,000 arrests between January 2025 and January 31, 2026.
Current Detention: As of late January 2026, 70,766 individuals are held in ICE detention, a record high.
Administrative vs. Criminal: Roughly 40% of those arrested over the past year had no criminal record.
Comparison Summary
Category 2025–2026 Year-to-Date Totals
Self-Deportations ~2.2 Million
Active Deportations ~675,000
Total Arrests (ICE) ~393,000
Note on Data: Critics and independent analysts, such as the Center for Migration Studies, have questioned the "self-deportation" figures, suggesting they may be extrapolated from smaller datasets or include individuals who were already planning to leave. Conversely, the White House maintains these figures represent a successful restoration of "negative net migration".
Larry:
" Of the 393,000 arrests, what percentage were convicted criminals or gang related?"
GAI: "Based on internal Department of Homeland Security (DHS) data covering approximately 393,000 arrests from January 2025 through January 2026, the breakdown of criminal history and gang affiliation is as follows:
Gang-Related: Only 2% of those arrested were identified as gang members. Specifically, just 0.3% were alleged members of Tren de Aragua.
Convicted Criminals: Approximately 37% of those arrested had a past criminal conviction. If including those with pending criminal charges, the total rises to nearly 60% (roughly 229,000 individuals).
Violent Crimes: Less than 14% of the total arrests involved individuals with charges or convictions for violent offenses such as homicide, robbery, sexual assault, kidnapping, or arson.
Homicide or Sexual Assault: These specific high-level offenses accounted for less than 2% of all arrests.
Non-Criminal / Civil Violators: Nearly 40% (about 153,000 people) had no criminal record at all and were arrested solely for civil immigration violations, such as overstaying a visa.
Category Percentage of Total Arrests
No Criminal Record ~40%
Criminal Charges or Convictions ~60%
— Of which were Violent Crimes ~14%
— Of which were Gang-Affiliated ~2%
While DHS officials have emphasized that every undocumented entry is a criminal act, independent trackers like TRAC at Syracuse University note that the recent surge in arrests is driven primarily by individuals with no U.S. criminal convictions, other than the illegal entry.
When looking at the 60% of arrests involving individuals with criminal histories (either convictions or pending charges), the vast majority of those cases involve non-violent offenses.
Data from the Transactional Records Access Clearinghouse (TRAC) and ICE enforcement reports for the 2025–2026 period show that the most common offenses are categorized as "crimes against public order" or "administrative violations."
Offense Category Estimated % of Criminal Arrests Description
Traffic/DUI 35% – 40% The most frequent offense category; includes Driving Under the Influence and driving without a license.
Immigration Violations 25% – 30% Specifically "Illegal Entry" or "Illegal Re-entry" (federal misdemeanors/felonies).
Drug Offenses 12% – 15% Primarily possession of controlled substances (mostly non-distribution).
Larceny/Property 8% – 10% Shopifting, petty theft, or non-violent property damage.
Fraud/Forgery 5% Typically related to the use of false identification or Social Security numbers for work.
The "Net" Effect: Because ICE has shifted toward a "zero-tolerance" model in 2025, individuals are often arrested for minor traffic stops (like a broken taillight) which then trigger an immigration detainer if the person is found to be undocumented.
Re-Entry Charges: A significant portion of the "criminal" category consists of people whose only crime is re-entering the U.S. after a prior deportation. While this is a felony under U.S. Code, it is considered a non-violent administrative crime.
DUI Priority: DUI remains the single most common conviction cited by ICE to justify "priority" arrests, as it is categorized as a threat to public safety even if it is a first-time, non-injury offense."
Larry: "Is crossing the border illegally a criminal offense"
GAI: "Yes, crossing the U.S. border anywhere other than an official port of entry is a federal criminal offense."
While simply being in the U.S. without documentation is generally a civil violation, the physical act of entering or attempting to enter the country unlawfully is a crime under Title 8 of the U.S. Code.
The severity of the crime depends on the individual's history:
Improper Entry (8 U.S.C. § 1325): This is a misdemeanor for first-time offenders. It applies to those who cross between ports of entry, elude inspection, or use false statements.
Penalty: Up to 6 months in federal prison and/or fines.
Subsequent Offense: A second conviction for improper entry can be elevated to a felony.
Illegal Re-entry (8 U.S.C. § 1326): This is a felony charge for anyone who has been previously deported, removed, or denied admission and then returns without permission.
Penalty: Up to 2 years in prison. This increases significantly to 10 or 20 years if the person was previously removed following a conviction for a serious or "aggravated" felony.
While the law has existed for decades, enforcement varies. As of early 2026, the Department of Homeland Security (DHS) has shifted toward a "zero-tolerance" model, prioritizing criminal prosecution for all unauthorized entries rather than just civil deportation.
Note on Visa Overstays: If a person enters legally with a visa and stays too long, it is almost always a civil violation—not a criminal one—unless they committed fraud to obtain the visa.
GAI: "Based on internal Department of Homeland Security (DHS) data covering approximately 393,000 arrests from January 2025 through January 2026, the breakdown of criminal history and gang affiliation is as follows:
Gang-Related: Only 2% of those arrested were identified as gang members. Specifically, just 0.3% were alleged members of Tren de Aragua.
Convicted Criminals: Approximately 37% of those arrested had a past criminal conviction. If including those with pending criminal charges, the total rises to nearly 60% (roughly 229,000 individuals).
Violent Crimes: Less than 14% of the total arrests involved individuals with charges or convictions for violent offenses such as homicide, robbery, sexual assault, kidnapping, or arson.
Homicide or Sexual Assault: These specific high-level offenses accounted for less than 2% of all arrests.
Non-Criminal / Civil Violators: Nearly 40% (about 153,000 people) had no criminal record at all and were arrested solely for civil immigration violations, such as overstaying a visa.
Summary of ICE Arrest Composition (2025–2026)
Category Percentage of Total Arrests
No Criminal Record ~40%
Criminal Charges or Convictions ~60%
— Of which were Violent Crimes ~14%
— Of which were Gang-Affiliated ~2%
While DHS officials have emphasized that every undocumented entry is a criminal act, independent trackers like TRAC at Syracuse University note that the recent surge in arrests is driven primarily by individuals with no U.S. criminal convictions, other than the illegal entry.
When looking at the 60% of arrests involving individuals with criminal histories (either convictions or pending charges), the vast majority of those cases involve non-violent offenses.
Data from the Transactional Records Access Clearinghouse (TRAC) and ICE enforcement reports for the 2025–2026 period show that the most common offenses are categorized as "crimes against public order" or "administrative violations."
Common Non-Violent Offenses in ICE Arrests
Offense Category Estimated % of Criminal Arrests Description
Traffic/DUI 35% – 40% The most frequent offense category; includes Driving Under the Influence and driving without a license.
Immigration Violations 25% – 30% Specifically "Illegal Entry" or "Illegal Re-entry" (federal misdemeanors/felonies).
Drug Offenses 12% – 15% Primarily possession of controlled substances (mostly non-distribution).
Larceny/Property 8% – 10% Shopifting, petty theft, or non-violent property damage.
Fraud/Forgery 5% Typically related to the use of false identification or Social Security numbers for work.
Key Observations
The "Net" Effect: Because ICE has shifted toward a "zero-tolerance" model in 2025, individuals are often arrested for minor traffic stops (like a broken taillight) which then trigger an immigration detainer if the person is found to be undocumented.
Re-Entry Charges: A significant portion of the "criminal" category consists of people whose only crime is re-entering the U.S. after a prior deportation. While this is a felony under U.S. Code, it is considered a non-violent administrative crime.
DUI Priority: DUI remains the single most common conviction cited by ICE to justify "priority" arrests, as it is categorized as a threat to public safety even if it is a first-time, non-injury offense."
Larry: "Is crossing the border illegally a criminal offense"
GAI: "Yes, crossing the U.S. border anywhere other than an official port of entry is a federal criminal offense."
While simply being in the U.S. without documentation is generally a civil violation, the physical act of entering or attempting to enter the country unlawfully is a crime under Title 8 of the U.S. Code.
The Two Main Criminal Charges
The severity of the crime depends on the individual's history:
Improper Entry (8 U.S.C. § 1325): This is a misdemeanor for first-time offenders. It applies to those who cross between ports of entry, elude inspection, or use false statements.
Penalty: Up to 6 months in federal prison and/or fines.
Subsequent Offense: A second conviction for improper entry can be elevated to a felony.
Illegal Re-entry (8 U.S.C. § 1326): This is a felony charge for anyone who has been previously deported, removed, or denied admission and then returns without permission.
Penalty: Up to 2 years in prison. This increases significantly to 10 or 20 years if the person was previously removed following a conviction for a serious or "aggravated" felony.
Enforcement Shift in 2026
While the law has existed for decades, enforcement varies. As of early 2026, the Department of Homeland Security (DHS) has shifted toward a "zero-tolerance" model, prioritizing criminal prosecution for all unauthorized entries rather than just civil deportation.
Note on Visa Overstays: If a person enters legally with a visa and stays too long, it is almost always a civil violation—not a criminal one—unless they committed fraud to obtain the visa.
