ICE officers can still arrest illegal immigrants without additional criminal histories, including during operations targeting someone else. The Trump administration says that has not changed.
President Donald Trump told Fox News correspondent Bill Melugin that anyone in the country illegally remains “on the table” for arrest and deportation. ICE field offices also received new guidance reaffirming that authority.
“I’ve spoken on the phone with President Trump and nine ICE & DHS sources about this today. Here’s what I’ve learned.
Yes, this verbal guidance did go out to ICE offices across the country last night. I’ve spoken with ICE agents who received it & were shocked & frustrated by it. It’s unclear who it started with. However, I’m told it’s erroneous, was some type of “miscommunication” during conversations about prioritizing “worst first”, and there is no change in immigration enforcement policy. President Trump tells me anyone in the country illegally remains “on the table” for ICE arrest & deportation. I’m also told new guidance went out to ICE field offices tonight to reaffirm this and that yes, arrests of illegal aliens and “collaterals” without additional criminal history will continue. ICE sources confirm to me they received the new guidance.
I’m not really sure what happened here – but everyone is on the same page, including President Trump, in telling me that his immigration enforcement agenda isn’t scaling back.”
I’ve spoken on the phone with President Trump and nine ICE & DHS sources about this today. Here’s what I’ve learned.
Yes, this verbal guidance did go out to ICE offices across the country last night. I’ve spoken with ICE agents who received it & were shocked & frustrated by it.… https://t.co/BVGsEbvjCu
— Bill Melugin (@BillMelugin_) September 27, 2026
DHS repeated the point Sunday evening after former Border Patrol agent J.J. Carrell posted what he described as a new ICE enforcement directive and called it a nationwide “stand down.”
DHS disputed that immediately.
This is FALSE.
No one is off the table. We will continue to arrest any and all illegal aliens that come into our path. https://t.co/7nHkIksv04
— Homeland Security (@DHSgov) September 27, 2026
That came after confusion over verbal guidance that had reached ICE offices nationwide. Jennie Taer reported that officers had been told to stop arresting illegal immigrants without criminal convictions or pending charges, including some with final deportation orders, and to stop making collateral arrests. DHS denied that enforcement policy had changed. Melugin subsequently confirmed the verbal guidance had gone out, but reported that officials described it as erroneous and the result of a “miscommunication” during discussions about prioritizing the “worst first.”
SCOOP: ICE officers across the country were told this weekend to stop arresting non-criminals, agency sources tell @realDailyWire
Now, ICE may only arrest illegal immigrants with criminal convictions or charges for the time being, said the sources.
The change also ends…
— Jennie Taer (@JennieSTaer) September 27, 2026
Melugin said he spoke with Trump and nine ICE and DHS sources while sorting out what officers had been told. Agents then received new guidance expressly reaffirming the existing policy.
That policy allows ICE to prioritize illegal immigrants with serious criminal records without limiting officers to those targets.
DHS says the current nationwide public safety surge in sanctuary cities is aimed first at criminal illegal immigrants, including murderers, rapists, child predators and gang members. That priority does not put other illegal immigrants encountered by ICE beyond agents’ reach.
Carrell’s post brought the issue back up Sunday evening. DHS rejected his description of the directive and again said ICE officers were not being told to stand down.
Criminal targets remain the priority, but they are not the only people subject to arrest. Illegal immigrants without additional criminal histories can still be arrested, including as collaterals during other enforcement operations.
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