Is ICE Really Arresting Fewer Immigrants With No Criminal Record in 2025?

For millions of undocumented immigrants living in the United States, the fear of an ICE encounter is constant. Every trip to a government office, every check-in appointment, every interaction with authorities can feel like a potential turning point. So when reports began circulating that ICE may be pulling back on arrests of people with no criminal history, many in the immigrant community wanted to know: is this actually true, or just wishful thinking?

What the Attorney Says

According to immigration attorney Ilya Fishkin, who has practiced immigration law for over 20 years and is a member of the New York Bar, the shift is real — at least for now. "ICE has become less likely to arrest people who come in to see them," Fishkin explains. "And in general, right now, ICE doesn't really want to detain people — if they don't have a criminal history."

This is a meaningful change in practice. If you have no criminal record and you are required to appear before ICE — for a check-in, for example — the current climate appears to be less aggressive toward that population than it has been in the past.

Perhaps even more striking is what Fishkin says about the role of attorneys. In the past, he notes, having a lawyer present at an ICE encounter made almost no difference: "Before, an attorney was like a dead man at a party — completely useless. It didn't matter whether you had a lawyer or not." That has changed significantly. Now, Fishkin says, if a person shows up to an ICE appointment with an attorney, the chances of being detained drop very sharply. The presence of legal counsel has become a genuinely protective factor in a way it simply wasn't before.

This does not mean the risk has disappeared. ICE enforcement priorities can shift, individual officers have discretion, and circumstances vary from case to case. But for immigrants without a criminal background, the current posture of the agency appears to be notably less aggressive — and legal representation now plays a real, tangible role in outcomes.

What You Should Do

While the situation described by attorney Fishkin is more encouraging than what many immigrants have experienced in recent years, it is not a reason to become complacent. Here is what follows directly from what he shared:

• Never go to an ICE appointment without an attorney. This is the clearest takeaway from Fishkin's comments. The data point he highlights is unambiguous: showing up with a lawyer dramatically reduces the likelihood of detention. If you have an upcoming ICE check-in or appointment, consult with an immigration attorney beforehand — and if at all possible, bring them with you.

• Know your criminal history status. Fishkin's observation about ICE's current restraint applies specifically to people without a criminal history. If you have any prior arrests, charges, or convictions — even minor ones — your situation may be treated very differently. Discuss your full history honestly with your attorney.

• Stay informed, but don't rely on rumors. Enforcement priorities can change quickly. What is true today about ICE's posture may not be true in six months. Work with a qualified immigration attorney who is tracking current policy and can give you advice tailored to your specific case.

• Do not skip required appointments. Even if the current climate feels less threatening, failing to appear for required ICE check-ins or immigration court hearings can have serious consequences for your case. Always follow through on required appearances — with legal support.

FAQ

Q: Has ICE actually changed its approach to immigrants without a criminal record? A: According to attorney Ilya Fishkin, yes — ICE is currently less inclined to detain people who come in for appointments if they have no criminal history. However, this reflects a current practice, not a guaranteed policy, and individual circumstances always matter.

Q: Does it really make a difference to bring a lawyer to an ICE appointment? A: Fishkin says it makes a dramatic difference now. In the past, he describes attorneys as having been essentially irrelevant at ICE encounters. Today, he says that showing up with an attorney causes the chances of detention to "drop very, very sharply." This is one of the most important practical steps you can take.

Q: Does this apply to everyone, or only certain immigrants? A: Based on Fishkin's comments, the reduced likelihood of arrest applies specifically to people without a criminal history. If you have any criminal record, the calculus may be very different. Speak with an immigration attorney about your individual situation before any ICE encounter.

Based on an interview with immigration attorney Ilya Fishkin, NY Bar. This information is for general purposes only and is not legal advice.