DHS defends New York immigration arrests, says no criminal record needed
DHS says ICE can arrest undocumented immigrants without criminal records, citing 2,100 arrests in New York under Operation Rotten Apple.
Homeland Security Secretary Markwayne Mullin said Tuesday that federal immigration agents can arrest people for immigration violations even if they have no criminal convictions or pending charges. Speaking at a news conference in New York, Mullin defended the recent enforcement push, arguing that entering the country illegally is itself a violation of federal law.
Mullin and ICE officials said that between July 27 and August 29, agents arrested more than 2,100 people across New York state as part of an operation dubbed "Operation Rotten Apple." Officials highlighted individuals with prior convictions for serious crimes such as murder, kidnapping, rape, robbery, burglary, weapons violations, and drug trafficking. Others were arrested on outstanding warrants or other charges, including sexual offenses.
Mullin stressed that ICE would arrest and deport people regardless of whether they had been convicted of a crime. "We don't pick and choose," he said. "If you're here illegally, regardless of your status, if you're a convicted criminal or not, you're still in this country illegally and it is our job to hunt you down and to deport you."
Legal experts note that while improper entry and unauthorized reentry can be prosecuted as federal crimes, unlawful presence alone is a civil immigration violation. Immigration arrests and removal proceedings are civil, not criminal, in nature.
Nationwide, ICE has intensified operations this summer. Government data analyzed by the Deportation Data Project shows ICE made 49,571 arrests in July. More than half of those arrested had neither criminal convictions nor pending charges, while fewer than one-quarter had been convicted of a crime.
Mullin also criticized New York Governor Kathy Hochul and New York City Mayor Zohran Mamdani for policies that limit local cooperation with federal immigration authorities. At a simultaneous news conference, Hochul and Mamdani said the Trump administration was withholding $87 million in counterterrorism funding from New York.