One point that the debate over deporting illegal aliens often ignores is that authorities frequently deport individuals after they have been arrested and charged with crimes, but before a court has convicted them. Open-borders advocates, including the Cato Institute, have claimed—based on earlier data—that from October 2024 through June 14, 2025, 65% of those detained by U.S. Immigration and Customs Enforcement (ICE) had not been convicted of a crime. That claim overlooks a crucial fact: at least 35% of those arrested had pending criminal charges at the time of their detention.
The key question is what standard of proof should be required before deporting someone who is already in the country illegally. Must the government be convinced beyond a reasonable doubt—that is be 98 or 99 percent certain—that the person committed additional crimes in the United States before sending them back? Since individuals who are already here illegally are already subject to deportation, it is entirely reasonable to prioritize those who have been charged with a crime—that is, cases in which a majority of a grand jury has determined there is sufficient evidence to proceed with prosecution. But Open Border advocates, such as CATO, don’t seem to think that is a reasonable consideration.
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The Trump administration arrested 595,000 illegal immigrants between Jan. 20 and Dec. 11, according to the Department of Homeland Security. ICE, the federal agency tasked with interior immigration enforcement and deportations, revealed that 70% — or about 416,000 — have “criminal convictions or pending criminal charges just in the U.S.,” an agency spokesperson said in a statement.
