More: Nearly 40% of all of those arrested by ICE in Mr. Trump's first year back in office did not have any criminal record at all, and were only accused of civil immigration offenses, such as living in the U.S. illegally or overstaying their permission to be in the country, the DHS document shows. Those alleged violations of U.S. immigration law are typically adjudicated by Justice Department immigration judges in civil " not criminal " proceedings.