Confusion over reported guidance telling some ICE field offices to pull back on arresting illegal immigrants without criminal records has set off a backlash among immigration hawks, who say it points to mixed signals within the Trump administration on enforcement policy.
The verbal guidance, relayed to ICE field offices around the country according to multiple sources familiar with the matter, was rescinded within hours. It remains unclear who initially issued the instruction. Administration officials described it as a misunderstanding rather than a formal policy shift, and new guidance reaffirming there had been no change in enforcement policy was sent out shortly after.
President Trump told Fox News there had been no change in an enforcement posture that prioritizes — but is not limited to — the “worst first.”
Still, the episode has reinforced concerns among some hawks who argue that recent public messaging from administration officials suggests a narrower approach to interior enforcement than Trump campaigned on.
‘I Would Have Immediately Called For His Impeachment’
Mike Howell, a leader of the Mass Deportation Coalition and president of The Oversight Project, said public criticism helped force the reversal but argued the episode fits a broader pattern of mixed messaging from the Department of Homeland Security on interior enforcement.
“[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,” Howell said.
Howell pointed to a tweet from DHS Secretary Markwayne Mullin, posted one day before news of the ICE guidance broke, in which Mullin said the department was “not conducting worksite operations in Kansas” and was instead targeting criminal illegal immigrants and those facing removal.
The post followed ICE operations in Kansas that prompted complaints from Sen. Roger Marshall, R-Kan., who said DHS had failed to coordinate with local authorities during operations in cities including Liberal.
“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.”
Pressed to clarify, Howell said: “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 said he was not actually calling for Mullin’s impeachment, but was using the comparison to underscore how seriously he views any pullback from broad enforcement. He also argued that shifting signals are unfair to ICE agents who served through the Biden administration.
‘Ping-Pong’ Hurts Agents, Source Says
Fox News was told the guidance was a “misunderstanding” and that whoever was responsible would likely face reprimand. A source told Fox News Digital on a Sunday evening that the order “definitely went out,” and noted that some immigrant-heavy Republican districts, including in Kansas, have seen anger over family members caught up in worksite-enforcement removals.
“This type of ping-pong is deeply unfair to ICE, the men and women there tasked with actually deporting these people,” the source said. “They watch the news, they read X, they see these mixed signals and it’s affected operations.”
White House spokeswoman Lauren Bis disputed suggestions of a policy retreat, saying Trump has been clear that “no one is off the table.” She said DHS “continues to deliver results for the American people including the most secure border in history and three straight months of a record number of ICE arrests,” citing more than 3 million deportations to date. An ICE report separately put deportations at a record 51,000 in August. A source familiar with the matter confirmed the guidance that went out was a “miscommunication” and did not come from the top.
Analyst Says Administration Must ‘Get Its Story Straight’
Mark Krikorian, executive director of the Center for Immigration Studies, said the episode reflects unresolved tension within the Republican Party over enforcement priorities.
“All of this comes on the backdrop of conflicting goals and messages within the administration on immigration,” Krikorian said.
Krikorian said the administration may have added to the confusion by repeatedly stressing its focus on the “worst of the worst,” even as officials including border czar Tom Homan have said immigrants without criminal records are not exempt from enforcement.
“The administration does need to get its story straight internally so that they can then present a consistent message externally,” he said.
He said the larger unresolved issue is worksite enforcement, which he argued is central to encouraging self-deportation but creates tension between business interests seeking labor and working-class Republicans demanding stricter enforcement. Krikorian said he had hoped Trump or Mullin would clarify after the Kansas controversy that the administration was not “randomly” cracking down on employers, but conducting worksite enforcement based on intelligence about businesses employing illegal immigrants.
Several Republicans, including Marshall and Rep. Maria Elvira Salazar, R-Fla., have criticized aspects of the administration’s immigration push ahead of the midterms. Krikorian argued that conflicting signals could carry political consequences with Trump voters focused on enforcement.
“You don’t tweet out that you’re not doing what voters want you to do,” he said.
After an earlier report on the guidance from The Wire, DHS responded in part: “this is false. No one is off the table.” Fox News Digital reached out to Salazar and DHS for further comment.
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