DHS/ICE have not published a formal, legal definition or checklist for labeling someone “worst of the worst.” In practice, the designation is a political/communications label used in DHS press releases and on the WOW.DHS.GOV site for non‑citizens who:
Reviews of the WOW database also show that ICE applies the label inconsistently, sometimes including people with non‑violent or lesser offenses, which reinforces that it is not a strictly defined legal category but a discretionary branding choice by DHS/ICE.
The January 15, 2026 ICE press release itself does not specify the timeframe or baseline for the claim that assaults on federal officers are up “more than 1,300%.”
However, an earlier DHS release on assaults against ICE officers (November 24, 2025) states that from Jan. 21–Nov. 21, 2024 there were 19 reported assaults, and in the same Jan. 21–Nov. 21, 2025 period there were 238 assaults—an increase of about 1,153%. DHS has since reused and rounded up this talking point (to “more than 1,150%” and then “more than 1,300%”) in later statements, but has not published updated underlying numbers for the 1,300% figure.
So the only clearly documented comparison period and baseline on record is Jan. 21–Nov. 21, 2025 versus the same dates in 2024, with a 1,153% increase; the precise timeframe and baseline for the later “1,300%” claim remain unspecified.
For the individuals named in this ICE release, two parallel tracks are typical:
Criminal process (if any open cases):
Immigration process (removal):
The January 15, 2026 release does not give case‑by‑case custody details, but under standard practice these people will be subject to immigration proceedings and/or execution of existing removal orders, in addition to any remaining criminal court obligations.
ICE verifies nationality and criminal history primarily through law‑enforcement and immigration databases, official records, and biometrics:
These processes do not eliminate risk of error, but they are the standard mechanisms ICE uses to document nationality and criminal conviction status.
Oversight and review of ICE arrests and of the “Worst of the Worst” initiative operates through a mix of internal DHS mechanisms, external watchdogs, and courts, but there is no special, separate legal oversight regime created just for “Worst of the Worst” cases:
The WOW.DHS.GOV “Worst of the Worst” page itself is a DHS communications product that republishes information about arrests and convictions, and it is subject to the same general oversight (OIG, CRCL, privacy and records rules), not a bespoke statutory review process.
Non‑citizens arrested by ICE or other U.S. authorities retain several key protections, even though immigration proceedings are civil, not criminal:
These protections apply regardless of immigration status, although in practice access to counsel and effective use of these rights can be limited by detention, language, and resource constraints.