The latest ICE detention data shows that on January 7, 2026, 68,990 people were held in 212 immigrant detention facilities across the country. This number does not include people detained in short-term facilities along the border, in ICE field offices, courtrooms, or other locations where ICE has reportedly held people for immigration purposes. This number is marginally higher than the previous high of 68,442 on December 13.
ICE Total Detained Population (1/7/2026)
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The growth in the detained population of people arrested by ICE since the end of the fiscal year in September has come almost exclusively from the growth in numbers of people detained with no criminal charges or convictions. The graph below compares the total number of people in detention on two dates: September 21, 2025 and January 7, 2026. These numbers only include people in detention as a result of an ICE arrest, thus reflecting what is typically referred to as “interior enforcement.” ICE detention includes people arrested by CBP at or near the border, but these cases, by definition, tend to have no U.S. criminal history.
ICE officially classifies these cases as “Other Immigration Violators”. In the public domain, these cases may also be referred to as non-criminal detainees. ICE has claimed publicly that these cases may include people that represent significant safety threats, but the agency has failed, to date, to provide data to support these claims beyond the occasional anecdotal narratives.
As the data shows, the overall single-day detention numbers increased a total of 11,296. Non-criminal detainees represent 72 percent of this growth, 20 percent is attributed to people with, at most, pending criminal charges, and just 8 percent of the growth in ICE detention this fiscal year can be attributed to immigrants with criminal convictions. As many other reports have noted, a small percentage of these convictions represent serious violent crimes or public safety threats. See my previous post from the Chicago lawsuit or David Bier’s detailed post here.
ICE Detention Driven by Immigrants With No Criminal History in FY 2026 (increase from 9/21/25 to 1/7/26)
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If you’ve been following my Substack posts about immigrant detention, you know I tend to update the same charts every two weeks for consistency. But I’m adding a new table this year that I think helps quantify the change in criminal category over time. The table below shows percent changes, positive or negative in the overall number of people held in detention, as well as the running total for the percent increase since the start of the Trump administration.
As you can see, there are periods of tremendous surges in the growth of non-criminal detainees, and, except for the beginning of last February, no corresponding surge in the detention of people with criminal convictions. The Trump administration continues to represent aggressive immigration enforcement practices across the country as necessary to address threats to national security and public safety. The available data so far do not support these claims. If ICE has additional data that would illuminate its claims, the agency is free to make this data available to the public under proactive disclosure laws and I will be more than happy to update my findings.
Percent Increase from Previous Data by Criminal History
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As a matter of total numbers, the following graph reinforces the findings above by showing an increase in the total numbers of people in detention arrested by ICE. The total number of immigrants detained by ICE with criminal convictions has not increased at all since August, and has not increased more than marginally since March 2025. In fact, since mid-December, the total number of detained people with convictions has actually decreased and may soon be overtaken by people with only pending criminal charges.
Detained Population by Criminal History (ICE Arrests Only, 1/7/2026)
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The total detained population—CBP and ICE enforcement both included—is shown below, with nearly half (48 percent) of all people held in detention lacking a criminal history on record.
Current Detained Population (ICE & CBP, 1/7/2026)
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The graph below shows the total ICE arrests by month since the start of FY 2025. I included a projection for January based on the first seven days of the month, but there’s no way this is realistic. I almost didn’t include it all, but I thought it was worth noting that numbers tend to be low over the holidays at the end of December and beginning of January. To be more specific, ICE arrested, on average, 1,220 people per day for the month of December, but just 315 people per day for the first week of January. That will likely increase.
Monthly ICE Arrests (Oct ’24 – Dec ’25)
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The overall number of people on alternatives to detention (ATD) continues to hold remarkably steady with a current total of 180,658 people on electronic monitoring. The trend in ICE’s Alternatives to Detention enrollment continues, with ICE shuffling people off the smartphone tracking app known as SmartLINK and ramping up the number of people on the more punitive GPS ankle monitors. I believe GPS ankle monitor usage is now at record highs for ICE.
ATD Population by Technology (12/27/2025)
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ICE ATD Population on GPS Ankle Monitors (1/7/2026)
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