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Immigration hawks slam ICE mixed signals after non-criminal arrest guidance gets reversed

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September 30, 2026, News

Verbal ICE guidance to ease up on non-criminal illegal immigrant arrests was rescinded within hours, sparking sharp pushback from immigration hawks who say mixed signals undercut real deportation work.

Reported direction to some ICE field offices to pull back on arrests of illegal immigrants without criminal histories did not last. Administration officials moved fast to walk it back, calling the episode a misunderstanding rather than a formal policy shift, and sent fresh guidance reaffirming that enforcement had not changed.

Fox News reported that the verbal guidance went out to offices around the country, then was rescinded within hours, with new instructions making clear there was no change in posture. A source familiar with the matter told Fox News Digital on Sunday evening the order “definitely went out,” while also describing it as a “miscommunication” that did not come from the top.

That whiplash is what set off the fight. Immigration hard-liners argue agents cannot do their jobs if they keep getting conflicting cues from Washington, especially when the public message is supposed to be simple: enforce the law.

President Trump told Fox News there had been no change in an enforcement approach that prioritizes, but is not limited to, the “worst first.” White House spokeswoman Lauren Bis put it more bluntly: “no one is off the table.”

Hawks say public pressure forced the walk-back

Mike Howell, leader of the Mass Deportation Coalition and president of The Oversight Project, argued the loud criticism helped kill the guidance. “[The guidance] was walked back, allegedly, which is great, and I think it was in large part walked back because people spoke out very, very loudly,” he said.

"I've never seen a secretary put anything like that in writing," Howell said. "[If it were] an Obama or Clinton or Biden DHS secretary, we would have called for impeachment if they said that."

He went further on the double standard. “If Mayorkas tweeted that, I would have immediately called for his impeachment: for flagrant admission that they are not enforcing the laws and faithfully executing them -- It was amnesty by another means.” Howell stressed he was not calling for impeachment of current leadership, he was drawing a contrast with how Republicans treated prior Democratic DHS chiefs.

That accountability fight sits in a wider climate of hard political combat, including claims of selective targeting of Trump allies in other arenas of government power.

A source familiar with the ICE episode said the person responsible would likely face a reprimand. The same source warned that “ping-pong” messaging is “deeply unfair to ICE, the men and women there tasked with actually deporting these people,” adding that agents “watch the news, they read X, they see these mixed signals and it's affected operations.”

Mullin’s Kansas tweet fed the mixed-message charge

Howell pointed to a post from DHS Secretary Markwayne Mullin one day before the guidance news broke. As characterized in the reporting, Mullin said the department was “not conducting worksite operations in Kansas” while still targeting criminal illegal immigrants and those already facing removal.

Mark Krikorian, executive director of the Center for Immigration Studies, said the larger problem is inconsistent goals and talk inside the administration. “All of this comes on the backdrop of conflicting goals and messages within the administration on immigration,” he said.

"The administration does need to get its story straight internally so that they can then present a consistent message externally," Krikorian said.

His sharpest line was aimed at public messaging itself: “You don’t tweet out that you’re not doing what voters want you to do.” Krikorian has praised border results while arguing worksite enforcement carries real political tension, especially when family members in immigrant-heavy Republican areas get caught up in removals.

Kansas has already been a flashpoint. Sen. Roger Marshall, R-Kan., complained that DHS failed to coordinate with local authorities during operations in cities including Liberal. A source cited anger in some immigrant-heavy Republican districts over worksite-enforcement removals of family members, the kind of local blowback that makes clean, consistent orders from Washington even more important.

Voters watching institutional fights elsewhere, from proposals to reshape the Supreme Court to other high-stakes power struggles, expect immigration enforcement to be one place where the chain of command is clear.

White House and DHS reject any off-limits claim

After a Wire report circulated, DHS answered in part: “this is false. No one is off the table.” Bis echoed that line and pointed to results, saying DHS is delivering “the most secure border in history and three straight months of a record number of ICE arrests,” along with more than 3 million deportations thus far, as she framed the record.

An ICE report put arrests per month at a record high of 51,000 in August. Officials including border czar Tom Homan have said immigrants without criminal records are not exempt from enforcement. The administration’s stated priority remains “worst first,” without making that the outer limit of who can be arrested and removed.

Those figures matter because the political argument is not abstract. If arrests are at record levels, then a short-lived verbal pullback on non-criminal cases still lands as a self-inflicted wound, not because the whole machine stopped, but because field agents were told one thing and then another in the same news cycle.

Rep. Maria Elvira Salazar, R-Fla., has criticized parts of the administration’s immigration push ahead of the midterms, and Fox News Digital sought further comment from her and from DHS. The core dispute, though, is already on the table: interior enforcement only works if the people carrying it out trust the orders they receive.

Related fights over executive reach and court limits, including a federal judge’s order constraining Trump administration action in another setting, show how quickly process fights become policy fights.

Worksite enforcement sits at the center of the tension

The Kansas thread ties the messaging problem to a concrete enforcement choice. Worksite operations hit employers and illegal workers at the same time. They also hit local politics. When a Cabinet secretary signals a pause in one state while the White House says nobody is off the table, agents and voters both hear the clash.

Howell framed the episode as part of a broader pattern of mixed messaging from DHS, not a one-off glitch. Krikorian’s point tracks the same worry from another angle: internal confusion becomes external weakness. Campaign promises on deportations do not enforce themselves. ICE officers do, and only if the rules of engagement stay steady.

A photo caption in the coverage noted ICE agents and other federal officers at a pre-enforcement meeting in Chicago on Jan. 26, 2025. That image of preparation sits poorly beside a story of verbal guidance that had to be yanked within hours. Preparation means little if the next instruction contradicts the last one.

Spending and priority fights remain part of the same broader debate, including moves such as Trump’s cancellation of hundreds of millions in migrant aid and DEI outlays, which keep immigration resource questions in public view.

What remains unclear still fuels the distrust

Key gaps remain. Who first issued the verbal guidance is still unclear in the public account. The exact wording of the original direction, the rescission, and the reaffirming notice has not been laid out in full. Absolute calendar dates for the guidance cycle and for Mullin’s tweet were not pinned down beyond relative timing. The full text of the secretary’s post was not reproduced in the report.

Those holes do not erase what is known. A direction went out. It told at least some offices to ease off non-criminal arrests. It was reversed fast. Officials called it a miscommunication. Hawks called it a warning sign. And a source inside the conversation said the mixed signals have already affected operations.

For a national audience, the mechanism is simple. ICE field offices take direction from above. If that direction says pause on a major category of illegal immigrants, agents adjust. If Washington then says the pause never counted, agents adjust again. Every swing costs time, morale, and clarity in districts where voters wanted fewer excuses and more removals.

Election-season charges cut both ways in today’s politics, from immigration lane discipline to partisan claims about election rules and citizenship checks, but enforcement agencies still need orders that do not change by the hour.

Bis’s “no one is off the table” line and the record arrest claims are the administration’s answer to the panic. Howell’s impeachment comparison is the hawks’ answer to the complacency. Both cannot be wished away. Either interior enforcement means what the campaign sold, or field officers will keep reading the fine print on every new whisper from headquarters.

Illegal immigration policy fails in public when the people sworn to carry it out get two scripts in one day. Voters hired a government to remove people who should not be here, not to debate the memo after it hits the field.

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