The Guardian has launched a lawsuit against Immigration and Customs Enforcement (ICE), accusing the agency of unlawfully withholding detailed arrest records requested through the Freedom of Information Act (FOIA).
The legal action raises questions about transparency and the enforcement priorities of the federal immigration system.
In May 2025, The Guardian submitted a FOIA request seeking comprehensive data on ICE arrests.
Until then, ICE had only published aggregated numbers, providing little insight into the specific backgrounds of detainees.
The news organization sought to uncover whether ICE’s enforcement efforts focused primarily on illegal immigrants with criminal records or if broader populations were being targeted.
Although ICE initially acknowledged the request and asked for more time, the agency ceased responding, prompting The Guardian and the Reporters Committee for Freedom of the Press to file a lawsuit on June 30, Resist the Mainstream has learned.
The complaint alleges that ICE’s refusal to release the documents violates FOIA rules and prevents the public from understanding key details about immigration enforcement activities, according to The Guardian’s Georgia Warren.
Since the passage of the “Big, Beautiful Bill,” the Trump administration has intensified immigration enforcement efforts, aiming to crack down on illegal immigration and remove criminal aliens.
However, limited publicly available data reveal a significant rise in the detention of illegal immigrants without criminal charges or convictions.
According to ICE’s own figures, by mid-June 2025, over 11,700 individuals in immigration custody had no criminal record—representing a striking increase of more than 1,200 percent compared to data from prior to the start of the Trump administration’s second term.
While illegal immigrants with criminal histories still make up most detainees, the growth in non-criminal detentions challenges official claims that enforcement targets criminals exclusively.
The Department of Homeland Security responded by disputing the accuracy of The Guardian’s findings.
Spokesperson Tricia McLaughlin, speaking on PBS NewsHour, advised caution in interpreting the data and questioned the news outlet’s analysis.
Despite criticism, The Guardian stands behind its reporting.
Data Editor Will Craft emphasized the importance of public access to government information, stating that citizens have a right to factual and timely insight into how their government operates.
He also stressed that as immigration policies evolve, transparency is essential to ensure accountability.
The lawsuit is one of many filed against the Trump administration involving its immigration practices, as highlighted by the Associated Press.
Despite the backlash, the Trump administration has maintained that it prioritizes removing criminal aliens from the country, one of President Donald Trump’s main platforms during his 2024 presidential campaign.
Officials have repeatedly stated that immigration enforcement efforts are focused on individuals who pose a threat to public safety or have committed serious offenses.
The administration has emphasized that its policies are intended to uphold the rule of law and restore integrity to the immigration system.
The Guardian and the Reporters Committee for Freedom of the Press intend to pursue the case aggressively, pushing for fuller disclosure of ICE’s arrest and detention operations.
The case underscores the tension between national security interests and the public’s right to understand government actions affecting immigrant communities.
As the litigation proceeds, observers will be watching closely for rulings that could influence how much information immigration agencies must share moving forward.
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Author: Gloriel Howard
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