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ICE Told to Stop Arresting Certain Illegals: Reports

Was it just a misunderstanding?

Elizabeth Lawrence
Elizabeth Lawrence
Sep 28, 2026
ICE Told to Stop Arresting Certain Illegals: Reports

(Photo by Pat Greenhouse/The Boston Globe via Getty Images)

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Immigration and Customs Enforcement (ICE) officials are sounding the alarm over recent guidance ordering officers to refrain from arresting illegal immigrants whose only offense was entering the country illegally. Trump administration officials confirmed the directive, but claimed it was a mistake caused by “miscommunication,” according to Fox News correspondent Bill Melugin.

Before Donald Trump returned to the White House in 2025, the former — and future — president  promised to execute the “largest domestic deportation operation in American history.” The Trump administration has made great strides in getting a handle on illegal immigration, removing hundreds of thousands of illegals from the United States since the beginning of the president’s second term. Trump has made delivering on his promise to secure the border and ramp up immigration enforcement a top priority. If the administration intends to stay the course, as it claims, why are ICE agents being told to move in a different direction, and who gave the apparently wrong order?

ICE and the Erroneous Order

ICE sources said federal agents were told to limit arrests to illegal immigrants who have criminal charges or convictions, according to The Daily Wire, which first reported on the guidance. Those who have final deportation orders but lack criminal convictions or charges will not be arrested, authorities said. A Department of Homeland Security official later told the outlet that the claims were “false,” adding that “no one is off the table.”

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But according to Mr. Melugin, who said he spoke with the president himself, the guidance did, in fact, go out to ICE agents — but it was a misunderstanding linked to talks about targeting the “worst first.” New guidance was later issued to clear up the confusion. “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,” Melugin reported.

Clarity, Please

Is everyone actually on the same page, though? Someone at the agency apparently told ICE agents nationwide to make a major change in how they carry out the president’s immigration agenda. The directive didn’t just appear out of thin air, and “oopsie daisy” is not a great explanation. If it was truly nothing more than a miscommunication, the administration would do well to share how an improper order with such sweeping consequences made it all the way to agents in the field.

Did the guidance have anything to do with the midterms? Between high gas prices and the Iran war, it’s no secret that President Donald Trump is struggling in the popularity department. Plus, Democrats are already salivating at the thought of passing mass amnesty if they win back Congress. Did someone inside the Trump administration jump the gun and start easing up on enforcement early?

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Just one day after reports of the “misunderstanding,” US Secretary of Homeland Security Markwayne Mullin said, “ICE is not conducting worksite operations in Kansas.” He continued: “ICE law enforcement has conducted operations targeting heinous criminals including murderers, rapists, and drug traffickers and illegal aliens with final orders of removal.”

That sure doesn’t sound like “no one is off the table.” In fact, it sounds an awful lot like prioritizing criminal illegal immigrants while giving “non-criminal” illegal immigrants a pass, which is nearly identical to what the supposed “misunderstanding” instructed agents to do.

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About the Author

Elizabeth Lawrence

Elizabeth Lawrence

Editor and Author

Elizabeth is an author and editor at Liberty Nation. Liz has over a decade of experience in media and journalism, including work with American Military News, PBS, and NBC Montana. Liz also wrote “Homesteading Kids,” a children’s book inspiring self-sufficient living and practical skills. Connect with Liz on X @lizlawrence2111
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