Arrested Without a Criminal Record? The Rise of ICE Detentions in Northern California

In recent months, Northern California—especially under ICE’s San Francisco jurisdiction—has seen a sharp increase in detentions. What’s alarming is that many of those arrested have no criminal convictions—some are only dealing with immigration violations or minor traffic offenses. If you’re an immigrant going through legal or immigration processes, this trend is especially concerning. What lawful authority does ICE have for these detentions? What rights do you still have? How can a lawyer help?

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Why ICE Is Detaining People With No Criminal Convictions

• Policy shifts have expanded ICE’s enforcement priorities to include immigration status violations, overstay, illegal entry, etc. Reports show that in June-July 2025 over half of those detained had no prior convictions. San Francisco Chronicle
• TRAC data shows that around 70% of those detained nationwide by ICE have no criminal convictions. Tra Reports

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When ICE Has the Legal Authority to Arrest

• ICE can detain or arrest noncitizens who have a final order of removal or have been declared removable under immigration law.
• Immigration violations themselves (visa overstay, illegal entry) are civil violations and ICE can act on those.
• However, if someone is in the process of seeking asylum, or has legal status or pending immigration petitions, or being lawfully admitted or with a legal immigrant status, ICE action may have legal constraints. State laws (like California’s SB 54, the Values Act) limit local cooperation with ICE. The ACLU of Northern California

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What Rights You Still Have

1. Right to remain silent — You are not obligated to respond to ICE without a lawyer.
2. Right to an attorney — Seek immigration/criminal defense counsel immediately.
3. Don’t sign anything agreeing to deportation without full consultation.
4. Document everything — notices, court/migration check-in dates, any communication, identity documents.

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How Lawyers Can Help

• Evaluating whether the detention/arrestee was lawful or if there were errors in procedure.
• Filing motions or legal challenges (e.g., request bond, challenge detainers).
• Ensuring local laws are enforced: sometimes local law enforcement is restricted from cooperating with ICE. Lawyers can invoke these protections.
• Advocacy through civil rights groups or immigrant defense organizations.

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Final Note

If you or someone you know is an immigrant and gets arrested without any criminal charges, it’s more important than ever to know your rights. ICE may have powers, but those powers are not unlimited.

📞 Perliss Law Firm — If you are detained, fearing detention, or want to understand your rights: reach out. We offer free consultations and bilingual legal assistance.