At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. Over the weekend of September 26–27, 2026, the Department of Homeland Security (DHS) publicly denied that Immigration and Customs Enforcement (ICE) had been instructed to arrest only people with criminal convictions or charges.
If you recently read that “ICE no longer detains people without a record,” you should know the government says that is not true. Here is what was reported, how DHS responded, and what you can do.
What was reported, and how did the government respond?
On Saturday, September 26, The Daily Wire reported, citing agency sources, that ICE officers had been told to limit arrests to people with criminal convictions or charges and to stop making so-called collateral arrests. The story spread quickly on social media and in Spanish-language outlets.
DHS responded within hours on its official X account. “This is false. No one is off the table. We will continue to arrest any and all illegal aliens that come into our path,” the department said, adding that ICE had launched a nationwide public safety surge in sanctuary cities.
Fox News correspondent Bill Melugin reported that he spoke with nine ICE and DHS sources. According to his reporting, verbal guidance did reach some offices, but it was described as “erroneous,” the result of a “miscommunication” during conversations about prioritizing the “worst first.” Melugin said clarifying guidance went out Saturday night and that President Trump told him anyone in the country illegally remains on the table for ICE.
A collateral arrest happens when officers are looking for a specific person, such as someone with a removal order or a criminal case, and encounter other people without immigration status at the scene. Instead of leaving with only their target, they detain the others too.
For many families, this is what turns a “targeted” operation into a risk for the whole household, workplace, or neighborhood. That is why the rumor brought so much relief, and why the government’s clarification matters: according to DHS, collateral arrests continue.
What does this mean for you?
In practice, nothing has changed since last week. The government’s public position is that there is no new policy and that its stated focus on the worst cases does not exempt anyone.
- If you have a final order of removal: your risk is the highest. ICE can detain you and carry out the order without a new hearing, unless a stay or appeal is pending.
- If you have no status and no open case: an arrest can lead to a Notice to Appear (NTA), which starts proceedings in immigration court.
- If you have a pending case (asylum, U visa, adjustment): a pending application does not always protect you from detention. Keep proof of your case on hand.
- If you are a resident or citizen: DHS is not referring to you, but carry proof of status during an enforcement action.
Detention is not deportation: what to keep in mind
Being detained by ICE is not the same as being deported. Except in final-order or expedited removal cases, a person has the right to go before an immigration judge and, in many cases, to request bond. What happens in the first hours, including what you say and what you sign, can weigh heavily in that process.
In general, you have the right to remain silent and to ask to speak with an attorney. An administrative ICE warrant, signed by an officer rather than a judge, does not by itself authorize entry into your home without your consent. Do not sign documents you do not understand, especially voluntary departure or a waiver of your hearing.
What can you do now?
- Do not act on rumors: neither to relax nor to panic. Check official sources and talk to an attorney.
- Make a family plan: who picks up the children, who can make decisions for you, where your documents and A-number are kept.
- Review your history: if you were ever in immigration proceedings, find out whether there is an order against you. Many people do not know.
- Memorize an emergency number: your attorney’s or a trusted relative’s phone number.
- Explore legal options early: depending on the case, there may be a motion to reopen, a request for a stay, or another form of relief.
Protect Your Immigration Status with Campos Law Firm
Headlines change overnight; your strategy should not depend on them. Our team reviews your immigration history, checks whether there is an order against you, and helps you build a plan for you and your family. As Attorney Alejandra Campos reminds our clients, do not make decisions based on rumors or headlines.
Do not leave your immigration status to chance. Call us today at +1 (844) 922-6767 to schedule a free, confidential consultation in English or Spanish. Campos Law Firm: Legal Solutions in All Areas of Law.
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