Controversy Mounts Over Media Classification of ICE Arrests Following Detention of Edward Hernandez in Virginia
A recent arrest by U.S. Immigration and Customs Enforcement (ICE) in Virginia has ignited a fresh debate regarding the terminology used by major media outlets to describe detained individuals. Social media commentary has directed specific criticism toward reporting standards, such as those employed by CBS, which allegedly categorized arrestee Edward Hernandez as a “non-criminal.” The dispute centers on the criteria used to apply this label to individuals who have been taken into federal custody but may not yet possess a formal conviction record.
The contention arises from the specific definition of “criminal” versus “non-criminal” in the context of immigration enforcement. Critics argue that labeling detainees like Hernandez as “non-criminal” is misleading to the public, as it implies a complete lack of legal infractions. The argument presented suggests that being arrested by federal agents implies a violation of law—whether it be federal immigration statutes or pending criminal charges—that renders the “non-criminal” descriptor factually confusing for audiences trying to understand the scope of ICE operations.
From a journalistic and legal standpoint, however, the distinction is often maintained to adhere to the presumption of innocence. Media standards frequently dictate that an individual cannot be described as a criminal until they have been formally convicted in a court of law. Furthermore, unlawful presence in the United States is generally a civil violation rather than a criminal one. Consequently, news organizations often separate data into categories of those with established criminal convictions and those without, regardless of why they were currently arrested, to avoid conflating violent offenders with those facing administrative removal.
This linguistic dispute reflects a broader background of tension between immigration enforcement agencies and the press. ICE regularly publishes statistics emphasizing the criminal histories of detainees to demonstrate the necessity of their operations for public safety. Conversely, media outlets and civil rights advocates often scrutinize these classifications to differentiate between serious threats and those with minor or no prior records. The case of Edward Hernandez has effectively become the latest proxy for this ongoing battle over how immigration enforcement is framed in the public sphere.
