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An ever-larger share of ICE’s arrested immigrants have no criminal record

About 200 local, state and federal law enforcement officers helped execute a raid on an alleged illegal horserace gambling operation in Wilder, Idaho, on Oct. 19, 2025.

There were 105 immigration arrests in October at a horse racetrack in Wilder, Idaho. Idaho saw one of the country’s largest increases in immigration arrests this year through mid-October compared with the same period in the Biden administration. (Photo courtesy of ACLU of Idaho)

Immigration arrests under the Trump administration continued to increase through mid-October, reaching rates of more than 30,000 a month. But, rather than the convicted criminals the administration has said it’s focused on, an ever-larger share of those arrests were for solely immigration violations.

In 45 states, immigration arrests more than doubled compared with the same period last year, during the Biden administration. The largest increases: There were 1,190 arrests in the District of Columbia compared with just seven last year under the Biden administration. Arrests were also more than five times higher in New Mexico, Idaho, Oregon and Virginia.

“The result stands in contrast to the administration’s objective of arresting the ‘worst of the worst,’” said Ariel Ruiz Soto, a senior policy analyst at the nonpartisan Migration Policy Institute. Heightened enforcement is likely increasing “collateral” arrests of people found during searches for convicted criminals, he said.

Comparisons between the Trump and Biden administrations were calculated by Stateline in an analysis of data released by the Deportation Data Project, a research initiative by the universities of California at Berkeley and Los Angeles. About 93% of arrests could be identified by state.

While more people were arrested this year, a lower percentage are convicted criminals.

The share of arrested immigrants who had been convicted of violent crimes has dropped from 9% in January to less than 5% in October. The share under Biden was consistently between 10% and 11% during the same period in 2024.

The same trend applies to people arrested solely on immigration violations: Immigration violations alone were behind 20% in April, then rose to 44% of arrests in October, according to Stateline’s analysis.

In some states and the District of Columbia, a majority of arrests were for immigration violations alone: the District of Columbia (80%), New York (61%), Virginia (57%), Illinois (53%), West Virginia (51%) and Maryland (50%).

States with high immigrant populations also saw the most arrests this year. The largest numeric increases were in Texas (up 29,403, triple last year’s figure), Florida (up 14,693, a fourfold increase) and California (up 13,345, a fourfold increase).

The two states with the largest arrest rate increases have responded very differently to President Donald Trump’s deportation mission.

“We’re going to resist like all of the Democratic states,” New Mexico Democratic Gov. Michelle Lujan Grisham said in an interview with The Santa Fe New Mexican after last year’s election, referring to mass deportation plans. She proposed legislation to ban U.S. Immigration and Customs Enforcement detention facilities in the state. The legislation failed this year, but Lujan Grisham urged the state legislature to reconsider next year. The state has three privately run ICE detention centers with the capacity for 2,000 people.

Idaho’s Republican governor, Brad Little, is helping ICE under a 287(g) agreement by transporting what his office calls “highly dangerous illegal alien criminals” from county jails to federal custody. The 53 men pictured on the governor’s website have charges ranging from drug possession to sexual assault.

In a news release, the office says the program is intended to take people “after the completion of their sentences,” though an October review by the Idaho Capital Sun found some were transported despite dismissed or still-pending charges.

Nationally, arrests have increased this year from around 17,000 in February, the first full month of President Donald Trump’s current term, to more than 30,000 in September and October. The share of convicted criminals has dropped from 46% to 30%, though the number of convicted criminals arrested still has been higher each month than under President Joe Biden.

Some of the policies that have fed increased arrest numbers face new court battles. This month, a federal judge blocked the administration from making immigration arrests in the District of Columbia without warrants or probable cause.

In August, a federal court blocked the administration’s expansion of expedited removal, which itself allows fast deportations without judicial review. The administration has appealed, arguing that immigrants who have been in the country for less than two years without legal authorization are not guaranteed due process.

Such fast deportations could be used on 2.5 million people, according to a Migration Policy Institute estimate published in September, including 1 million people released at the border with Mexico with court dates and 1.5 million people with temporary protections such as humanitarian parole.

This fall, the share of arrested immigrants with criminal convictions continued to decrease just before and during the federal government shutdown, with only 3% of those arrested and detained having convictions between Sept. 21 and Nov. 16, according to national information analyzed by Transactional Records Access Clearinghouse (TRAC), a data research organization at Syracuse University.

“While ICE is detaining more and more individuals, targeting has shifted sharply to individuals without any criminal convictions,” the TRAC report noted.

Editor’s note: This story has been updated to clarify a reference to October detention statistics analyzed by Transactional Records Access Clearinghouse.

Stateline reporter Tim Henderson can be reached at thenderson@stateline.org.

This story was originally produced by Stateline, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

More industries want Trump’s help hiring immigrant labor after farms get a break

Construction on a new city hall in Raleigh, N.C., was at a standstill after rumors of immigration raids spread.

Construction on a new city hall in Raleigh, N.C., was at a standstill Nov. 18 as word of immigration raids kept away most workers. Industries with large immigrant workforces, such as construction, are asking for federal relief as they combat labor shortages and raids. (Photo by Clayton Henkel/NC Newsline)

As food prices remain high, the Trump administration has made it easier for farmers to hire foreign guest workers and to pay them less. Now, other industries with large immigrant workforces also are asking for relief as they combat labor shortages and raids.

Visas for temporary foreign workers are a quick fix with bipartisan support in Congress. And Agriculture Secretary Brooke Rollins’ office told Stateline that “streamlining” visas for both agricultural and other jobs is a priority for the Trump administration.

But some experts warn that such visas can be harmful if they postpone immigration overhauls that would give immigrant workers a path to green cards and citizenship.

“Lack of permanent status is costly to migrants, employers, and the broader economy,” wrote Pia Orrenius, a labor economist at the Federal Reserve Bank of Dallas, in a report published in June. Workers are “vulnerable to policy changes triggered by a change in administration, most recently the threat of mass deportations.”

In a Nov. 25 interview with Stateline, Orrenius said the crackdown on illegal immigration could be a good thing if it leads to permanent solutions.

“If you can stop undocumented immigration, then great. This is a great time to work on comprehensive immigration reform,” Orrenius said. “Where is there a scarcity of workers and how do we address those legally instead of illegally?”

Restaurants, construction and landscaping businesses have lost a combined 315,000 immigrant workers through August this year, more than any other industries, according to a Stateline analysis of Current Population Survey data provided by the University of Minnesota at ipums.org.

The construction industry needs more foreign worker visas like those already being provided for agriculture to prevent more delays in building everything from homes to highways, business owners say.

The industry needs help to “provide lawful workers while working to prepare more Americans for permanent careers in construction,” said Jaime Andress, testifying at a congressional hearing last month on behalf of the Associated General Contractors of America trade group. About 92% of contractors with open positions are having trouble finding enough skilled labor, whether it’s for construction of buildings, highways or utility infrastructure, she testified.

There are about 145,000 fewer immigrants working in restaurants, on average, through August of this year compared with the same period in 2024, the Stateline analysis found. There are about 127,000 fewer in construction and 43,000 fewer in landscaping.

One landscaping firm, which did not agree to an interview, lost $50,000 in contracts this year when workers stopped showing up because of rumored immigration raids, said Rebecca Shi, chief executive officer of the Chicago-based American Business Immigration Coalition, which advocates for employers seeking immigration changes.

“He had 75 workers and 50 of them didn’t show up one day because there were rumors ICE was going to be in the area,” Shi said. “Many of them were citizens and legal workers, but they were worried about family members and neighbors, so they didn’t show up either. It’s bad for the economy when you lose a worker, but it’s also the fear and uncertainty. We know restaurants that have lost 50% of staff and are at risk of closing because people just aren’t showing up.”

The coalition organized a “fly-in” in October to Washington, D.C., to ask members of Congress for more help to legalize immigrant workers through work permits in hospitality, agriculture, construction, elder care, health care and manufacturing.

In a letter dated Dec. 2, thousands of businesses in all 50 states asked the administration for an additional 64,716 H-2B visas, saying they rely on them for seasonal surges in hospitality, tourism, landscaping, forestry, seafood production and other industries.

And a bipartisan group of 33 U.S. senators from 22 states signed a letter Nov. 13 by Maine Independent Sen. Angus King and South Dakota Republican Sen. Mike Rounds asking for more H-2B seasonal employment visas.

“Employers’ workforce needs cannot be met with American workers alone,” the letter said.

Construction contractors say they need visas that are similar to the H-2A visas for agriculture that the Trump administration streamlined in October to make them easier and cheaper for farmers to hire temporary foreign workers.

The Associated General Contractors of America wants visas like the proposed new H-2C visas floated by Pennsylvania Republican U.S. Rep. Lloyd Smucker. Those would allow up to 85,000 less-skilled temporary workers in construction, hospitality and other fields to stay in this country up to nine years. The bill, introduced in September, has not advanced.

The association also supports a pathway to legal status for some workers already in the country, as proposed by Florida Republican U.S. Rep. María Elvira Salazar and Texas Democratic U.S. Rep. Veronica Escobar. The bill, introduced in July, also has not advanced.

“Workforce shortages are the leading cause of construction project delays,” said Brian Turmail, a vice president at the association. “Nearly 1 out of 3 contractors have been impacted in one way or another by enhanced ICE enforcement activities. That number is almost certain to increase now that ICE has received significant boosts to its budget as part of the One Big Beautiful Bill Act.”

Workforce shortages are the leading cause of construction project delays.

– Brian Turmail, Associated General Contractors of America

Those industries are asking for more help as the latest federal immigration raids further affect workforces in Illinois, Maryland and North Carolina, with more raids planned in Louisiana. Transactional Records Access Clearinghouse, a data research organization at Syracuse University, reported a “massive redeployment of government military and civilian personnel to immigration enforcement” in recent months, with total detentions reaching more than 65,000, according to a Nov. 24 report. Nearly three-quarters of those arrested have no criminal convictions.

Construction, landscaping and other industries are already heavy users of H-2B visas for temporary non-agricultural foreign workers, according to government figures reviewed by Stateline.

In fiscal year 2025, which ended in September, there were about 209,000 H-2B visas, with Texas (20,051), Florida (18,515), North Carolina (8,634), Colorado (7,723) and Louisiana (7,234) getting the most. The most common occupations were building and grounds (94,152); food service (31,403); construction (16,729); farming, fishing and forestry (15,665); and personal care (12,170).

Some of the largest users of the visas last year were Core Tech Construction of New York City, a concrete coring and cutting firm (2,619 visas); ABC Professional Tree Services of Texas, which provides land clearance services (1,913); and Progressive Solutions LLC of Arkansas, which provides herbicide application to utilities (1,882).

The H-2B visa program needs to be streamlined and expanded to be useful for employers and workers, said David Bier, director of immigration studies at the libertarian CATO Institute, who has written about the visas.

Employers don’t always get the workers they want because the United States limits H-2B visas to 33,000 twice a year. Requests for the visas have already surpassed the 33,000 cap for the first half of fiscal 2026.

“The paperwork is a nightmare for employers and there are a lot of steps for workers also,” said Bier. “And there are so few visas available that your chance of getting all you need is almost nil.”

Stateline reporter Tim Henderson can be reached at thenderson@stateline.org.

This story was originally produced by Stateline, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

Farmworkers sue over Trump’s low wages for foreign guest workers

A farm employee works near Coachella, Calif., in 2024. A California union has sued to stop new, lower-wage guidelines for foreign worker visas. (Photo by Mario Tama/Getty Images)

A farm employee works near Coachella, Calif., in 2024. A California union has sued to stop new, lower-wage guidelines for foreign worker visas. (Photo by Mario Tama/Getty Images)

A California union and a group of farmworkers from around the country are suing to stop new, lower-wage federal guidelines that save money for farmers but cut pay for temporary foreign agriculture workers — hurting local laborers as a result, the suit alleges. 

In a lawsuit filed Friday in federal court, the United Farm Workers and 18 individual workers sued the U.S. Department of Labor over the October guidelines for laborers who are in the United States under temporary, H-2A visas. The new guidelines set lower wages — differentiating them by state — including pay cuts to account for the value of free housing provided by law to foreign workers. 

“Farm workers, and the rural communities across America they sustain, need and deserve fair wages and job security, not a race to the bottom with an endless supply of cheap foreign labor,” Teresa Romero, president of the United Farm Workers, said in a statement announcing the lawsuit. 

The new Trump administration rules are “drastically cutting the minimum wage that U.S. employers must pay foreign farmworkers, all while costs and wages in other sectors have sharply increased,” the lawsuit states, adding that the lower pay for foreign workers will also force cuts for American workers. The lawsuit asks a federal judge in California to halt implementation of the guidelines and recalculate wages. 

The lawsuit also objects to first-time pay differentials based on the value of employer-provided housing. It alleges violations of laws requiring that foreign visas not affect wages of U.S. workers with similar jobs. 

The cuts “will severely impact farmworkers — some of the most vulnerable members of our society and many of whom already live in poverty,” according to the lawsuit. 

One worker, not identified by name, works in Missouri with an H-2A foreign worker visa was formerly paid $17.83 an hour and will suffer a $4.08 pay cut, leaving him unable to afford food and essential protective clothing for his job helping with squash, eggplant and other vegetables, according to the lawsuit. 

One worker, Irene Mendoza, a U.S. citizen, said in the lawsuit that her wages could be cut by $3.22 an hour, to $13.78, because of the guidelines, even though she doesn’t need a foreign worker visa, forcing her to get a second job to pay for food, housing and transportation between jobs in some of the states where she works. Mendoza said in the lawsuit that she works picking and packing green beans and potatoes in Michigan, Minnesota, Texas and Wisconsin.

The lower wage guidelines vary by state and are subject to state minimum wage laws that could make them higher in some states. In North Carolina, for instance, the new hourly wage is $11.09 for less-skilled workers, compared with $16.16 last year, and $12.27 for local workers who don’t need housing, according to a Cornell University analysis.

The Department of Labor referred a Stateline request for comment to the Department of Justice, which declined comment. 

Some farmers and experts have hailed the new guidelines as lifesavers that will stave off bankruptcy as costs rise and some prices for their farm goods stay low. 

Almost half the H-2A visas in the 2025 fiscal year were in a small group of states including Florida (60,000), Georgia (44,000), California (37,000), Washington state (36,000) and North Carolina (28,000). The government expects an additional 119,000 visas to be issued under the new rule, on top of the nearly 420,000 a year issued in recent years. 

Public comments on the rule are open until Dec. 1.

Stateline reporter Tim Henderson can be reached at thenderson@stateline.org.

This story was originally produced by Stateline, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

Trump allows more foreign ag workers, eases off ICE raids on farms

Farmworkers gather produce near Hemet, Calif.

Farmworkers gather produce near Hemet, Calif. The Trump administration is making it easier for farmers to employ guest workers from other countries. (Photo by Mario Tama/Getty Images)

In a tacit admission that U.S. food production requires foreign labor, the Trump administration is making it easier for farmers to employ guest workers from other countries.

At the same time, U.S. Immigration and Customs Enforcement (ICE) in recent months appears to be refraining from conducting agricultural workplace raids, even as it scours Democratic-led cities for immigrants who are in the country illegally.

“We really haven’t seen agriculture targeted with worksite enforcement efforts, and early this year we did,” said Julia Gelatt, associate director of U.S. immigration policy at the Migration Policy Institute, a nonpartisan think tank.

The shifts come as many Americans are concerned about the rising cost of food, creating political problems for a president who campaigned on lowering them. Last week, the administration also announced it would lift tariffs on some foreign food products, including bananas, beef, coffee and tomatoes.

To ease labor shortages on farms and ranches, the administration last month made changes to the federal H-2A visa program, which allows employers to hire foreign workers for temporary agricultural jobs when there aren’t enough U.S.-born workers available. Under the new rule, the Department of Homeland Security will approve H-2A visas more quickly.

“Our immigration system has been broken for decades, and we finally have a President who is enforcing the law and prioritizing fixing programs farmers and ranchers rely on to produce the safest and most productive food supply in the world,” the U.S. Department of Agriculture said in an email to Stateline.

But the move to increase the supply of foreign agricultural workers conflicts with a July statement by Agriculture Secretary Brooke Rollins that “the promise to America, to ensure that we have a 100% American workforce, stands.”

Rollins also said the administration was committed to the mass deportation of immigrants who are here illegally, but that it would be “strategic so as not to compromise our food supply.” Ultimately, she said, the solution would be increased automation of agricultural jobs.

The government has issued about 420,000 H-2A visas for agricultural workers every year since 2023, which amounts to about half of the 812,000 agricultural worker jobs. They are concentrated in states that grow fruits and vegetables as opposed to grains, which are increasingly planted and harvested using machines. The government expects an additional 119,000 visas to be issued under the new rule.

Almost half the H-2A visas in the 2025 fiscal year were in Florida (60,000), Georgia (44,000), California (37,000), Washington state (36,000) and North Carolina (28,000).

Lower wages

The new H-2A rule also includes new hourly wage guidelines that vary by state but are lower than previous wages, and allows employers to charge workers for housing that used to be free. In North Carolina, for instance, the new rate is $11.09 for unskilled workers compared with $16.16 last year. In California, the rate is $13.45 for unskilled workers compared with $19.97 last year, though minimum wage laws in California and some other states would apply to those jobs, according to a Cornell University analysis.

In North Carolina, farmers are looking forward to lower labor costs, said Lee Wicker, deputy director of the North Carolina Growers Association, a trade association that brought 11,000 guest workers to the state through the H-2A guest worker program last year.

“If you think farmers are making more money in these conditions, you’re wrong. They’re going broke,” Wicker said. Workers will take a pay cut under new guidelines and will have to pay for housing, but that may help farmers stave off bankruptcy, he said.

“I’m not saying the workers are going to be happy about this, but I think they’ll come back. Wages have gone down before and they kept coming,” he added.

Jeffrey Dorfman, an agricultural and resource economics professor at North Carolina State University, said the changes will be a boon to the state’s farmers.

“The move to lower the H-2A wages by the Trump administration will be very well received by growers in North Carolina and will save farmers tens of millions of dollars statewide,” Dorfman said. “For many farmers, it will turn money-losing crops into money-making crops, if prices stay about where they are now.”

Unionized California farmworkers are opposed to the pay cuts and loss of free housing in the new guest worker visa plan, said Antonio De Loera-Brust, a spokesperson for the United Farm Workers, which represents about 10,000 workers in California.

First came the raids, which hurt workers, and now in order to appease business interests, they make all these concessions on wages and the guest workers program.

– Antonio De Loera-Brust, United Farm Workers

The union sued the administration over ICE raids in the fields earlier this year, but recently “it’s been pretty quiet,” he said.

“For us it’s been really a one-two punch,” De Loera-Brust said. “First came the raids, which hurt workers, and now in order to appease business interests, they make all these concessions on wages and the guest workers program.”

Fewer raids

The administration quickly walked back a June directive to avoid raids on the agriculture and hospitality industries. Nevertheless, ICE raids on those employers have been more infrequent in the months since.

In June, ICE raided a dairy farm in New Mexico and a meatpacking plant in Nebraska. Since then, the agency has raided only a handful of food and agriculture employers, such as a July raid on a California marijuana grower and an Arizona restaurant chain, and a September raid to arrest Wisconsin dairy workers.

Earlier this month, ICE agents descended on an onion farm in Northern California, arresting four immigrants on charges of illegally selling farmworker visas.

Even as ICE ramps up its activity in North Carolina cities such as Charlotte and Raleigh, Wicker, of the growers trade group, said farms in the state have not been targeted.

Gelatt, of the Migration Policy Institute, said that’s been true of farms and ranches in many states since June.

“In past administrations we’ve seen a very quiet de-emphasis of immigration enforcement at farms. You don’t need to make an announcement. You don’t need to fight in the courts,” Gelatt said. “It is possible just to direct enforcement activities away from farms. It’ll be hard to know if that’s happened now, but I would not be surprised.”

While farmworkers in California are seeing some relief from raids, life is still uneasy for them, De Loera-Brust said.

“Overall, they have clearly slowed down [raids] in ag areas, but that’s not policy. They could resume at any time. People are living with uncertainty,” he said.

Stateline reporter Tim Henderson can be reached at thenderson@stateline.org.

This story was originally produced by Stateline, which is part of States Newsroom, a nonprofit news network which includes Wisconsin Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity.

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