Featured Issue: Immigration Detention and Alternatives to Detention
Update: On March 14, 2025, AILA released a statement in response to the Trump Administration resuming the practice of detaining families pending their court proceedings in the detention facility in Karnes County, TX, and indicating its plans to use a second facility in Dilley, TX, for family detention.
AILA calls on Congress to significantly reduce and phase out the use of immigration detention for immigration enforcement purposes. Detention is costly, leads to inefficiencies in processing cases, and has a long track record of human rights abuses. Community-based case management services and legal representation is more humane and should be offered to noncitizens to support their compliance of immigration obligations.
Contents
By the Numbers
- Book Outs/Books In: The Office of Homeland Security Statistics provides data on the number of migrants who are released from CBP custody to proceed with removal cases, transfers to ICE detention, and transfers to Health & Human Services (HHS). It also provides initial book-in data on ICE detention.
- Detention: For FY2024, Congress has provided funding to detain a daily average of 41,500 noncitizens at a cost of approximately $3.4 billion. During FY2023, Congress provided funding to detain a daily average of 34,000 noncitizens at a cost of approximately $2.9 billion. A December 2024 ICE memo in response to Congressional requests for information noted that increasing detention capacity by more than 60,000 beds will require a funding increase of approximately $3.2 billion dollars.
- Current Population: Per ICE, on December 8, 2024, there were 39,062 people in custody and on January 22, 2025, there were 39,703. For future data, see bi-weekly data posted on the ICE website under “Fiscal Year 2025 statistics” here.
- Daily Costs: Projected average daily costs of detaining an adult noncitizen: $164.65. The actual cost of detaining a noncitizen varies based on geographic region, length of detention, facility type, etc. A recent ICE memo in response to the costs of expanding detention noted that they expect a 5% inflationary increase from FY2024 enacted bed costs.
- Deaths at Adult Detention Centers - AILA supplies a continually updated list of ICE press releases announcing deaths in adult immigration detention. Note: there can be delays in ICE’s reporting of deaths and there have been instances of seriously ill individuals released from ICE custody, whose deaths are not included in this list.
- ICE Alternatives to Detention: For FY2024, Congress provided approximately $470 million in funding for ICE’s Alternatives to Detention (ADT) program. This is an increase from approximately $443 million in FY2023 in which 194,427 people were enrolled.
- Daily Costs of ICE ATD: Average daily cost for participants enrolled in ICE’s Intensive Appearance Supervision Program (ISAP): $8.00
- Community-Based Case Management: The FEMA/CRCL Case Management Pilot Program (CMPP), also known as the “Alternatives to Detention Grant Program,” received $15 million in continued funding for FY2024. Prior to January 20, 2025, it was operating in five cities.
- Average daily cost of providing case management for individual family members by a community-based organization (2018 pilot): $14.05
- Legal Representation: There is no right to a government-provided attorney in immigration court and 70 percent of detained persons face proceedings without counsel. There is a pilot program that serves adult individuals with mental disabilities. Congress did not provide any funding for adult legal representation for FY2024.
AILA’s Recommendations to Congress
- Reduce detention funding to at least 25,000 average daily population or less.
- Explicitly prohibit detention funding from being used to detain families and children in custodial settings.
- Provide continued funding community-based case management programs outside of ICE such as the Case Management Pilot Program (CMPP) operated by the Federal Emergency Management Agency (FEMA) and the Office for Civil Rights and Civil Liberties (CRCL)
- Conduct robust oversight of past congressional appropriations transparency requirements and continue to require ICE to disclose and publish information relating to detention contracts, inspection process and reports, detention data, and policies for the alternatives to detention program.
Background
Created in 2002, Immigration & Customs Enforcement (ICE) has over 22,000 full-time employees, with a total annual budget of more than $9 billion. The agency has three core operational directorates: Enforcement and Removal Operations (ERO), Homeland Security Investigations (HSI), and the Office of the Principal Legal Advisor (OPLA). Housed within the Department of Homeland Security, ICE joins Customs & Border Protection (CBP) in making up the nation’s largest police force.
Immigration enforcement, including taking noncitizens into custody, is the largest single area of responsibility for ICE. ICE detains noncitizens arrested from the interior of the country and those transferred from the border. Twenty-years ago, the average daily population of detained immigrants was approximately 7,000. During the first Trump Administration, it reached a height of 50,000 average daily population. Regardless of the circumstances of their first encounter with authorities, noncitizens are detained across America in a sprawling network of private and public detention facilities. Most of these facilities operate through contracts between ICE (or, less commonly, the U.S. Marshals Service) and localities for the purposes of detaining noncitizens. In some cases, localities later sub-contract services for operating detention facilities to private prison companies. In other instances, localities reserve space in local, county, or state jails and prisons for the purposes of detaining immigrants. In all cases, localities are financially incentivized to detain individuals to increase profit margins from contracts. One key part of the financial equation is the use of noncitizens to clean and maintain facilities in exchange for $1 a day.
Immigration detention facilities, regardless of the type of contracts, have been the sites of serious and repeated allegations of abuse, including allegations of sexual assault, violations of religious freedom, medical neglect, and the punitive use of solitary confinement. In 2020, the U.S. had the highest number of deaths in ICE adult detention since 2005. Several deaths in custody have been found to have been preventable. Conditions in ICE custody have been described as “barbaric” and “negligent” by DHS experts.
Civil immigration detention works mainly to facilitate deportation. While ICE has the authority to allow most noncitizens to continue with their removal cases on the outside of custody, it often defaults to detention based on alleged “flight risk or threat to public safety.” The vagueness of these concepts frequently works against the liberty interests of noncitizens and there is generally a lack of uniformity when it comes to these discretionary releases. Only a certain portion of the overall noncitizen population must be detained under “mandatory detention” laws and even those individuals may be released based on certain exceptions.
Lastly, because immigration detention is considered “civil,” indigent noncitizens are not generally provided counsel. As a result, representation rates for noncitizens in detention are as low as 14% and directly correlate with the ability to secure release or long-term protection.
Reports and Briefings
- "No Human Being Should Be Held There": The Mistreatment of LGBTQ and HIV-Positive People in U.S. Federal Immigration Jails
- Physicians for Human Rights: Endless Nightmare”: Torture and Inhuman Treatment in Solitary Confinement in U.S. Immigration Detention
- Harvard University Press Release: New Report Documents the Mental and Physical Harm Experienced by Children in Immigration Detention
- AILA Policy Brief: Case Management: An Effective and Humane Alternative to Detention - November 2, 2022
- AILA Policy Brief: Moving The Nation Forward by Leaving Immigration Detention Behind - March 25, 2021
- The Journal of the American Medical Association (JAMA): Emergency Medical Responses at US Immigration and Customs Enforcement Detention Centers in California -November 29, 2023
- Notable findings include: a number of EMS calls for pregnant people at Otay Mesa; a shockingly low number of 911 calls for psychiatric emergencies, despite the high number of complaints of serious mental health issues in the detention centers; nearly a third of all detained people had an abnormal vital sign when EMS encountered them, a disturbing trend given the association between abnormal vital signs and deaths in ICE custody; and finally, the number of emergency calls that the authors could find in EMS systems was significantly lower than the number of ICE-reported medical emergencies, a serious discrepancy that calls into question why ICE facilities aren’t calling 911 more frequently when there is an emergency happening.
- Black Alliance for Just Immigration: Uncovering the Truth: Violence and Abuse Against Black Migrants in Immigration Detention - October 2022
- Oxfam America and the Tahirih Justice Center: Surviving Deterrence: How U.S. Asylum Deterrence Policies Normalize Gender-Based Violence, October 11, 2022
- Law Professor César Cuauhtémoc García Hernández, TED Talk, The US can move past immigration prisons—and towards justice, July 27, 2022
- Alternatives to Detention: An Overview – American Immigration Council Fact Sheet, March 17, 2022
- Community Support for Migrants Navigating the U.S. Immigration System - February 26, 2021
- American Immigration Council Special Report: "Measuring In Absentia Removal in Immigration Court," Ingrid Eagly, Esq. and Steven Shafer, Esq. - January 28, 2021
Government Reports
- DHS Office of Inspector General: website has search function to view ICE detention audits, inspections, and evaluations completed by DHS OIG.
- ICE FOIA Library: Holds detention facility contracts, facility reviews, among other required posting information.
- U.S. Government Accountability Office (GAO): Agency within the legislative branch that provides auditing, evaluative, and investigative services for the United States Congress. Website has search function to view audits done of ICE detention programs and policies.
- Office of the Immigration Detention Ombudsman Annual Report– June 20, 2023. As of January 29, 2025, the 2024 Annual Report had not been published.
- DHS Office of Civil Rights & Civil Liberties Recommendation and Investigation Memo Collection: CRCL investigates abuses in immigration detention. CRCL issues recommendations to the relevant DHS Component aimed at addressing any civil rights or civil liberties concerns identified as part of its investigation.
- DHS Advisory Committee Final Report on Family Residential Centers - September 30, 2016.
Legislative and Administrative Advocacy
- The Case Management Pilot Program: A Humane, Effective Alternative to Immigration Detention - August 15, 2024
- Senators Send Letter Urging Appropriators to Include Funding for ATD - May 15, 2024
- AILA Statement to Senate on ICE's Use of Solitary Confinement - April 16, 2024
- AILA Sends Letter to White House Opposing Family Detention – March 13, 2023
- AILA and Partners Send Letter to White House Urging Closure of ICE Detention Sites - November 21, 2022
- Members of Congress Send Letter to DHS on Access to Counsel - November 3, 2022
- Over 100 House Democrats Send Letter to DHS to Halt Immigration Detention - March 10, 2022
Browse the Featured Issue: Immigration Detention and Alternatives to Detention collection
Former IJ Jeffrey Chase Explains How “Family Unit” Memo Creates More Obstacles for Families
Former Immigration Judge Jeffrey Chase discussed the EOIR memo that announced the end of a reprieve on the prioritization of “Family Unit” cases, “under conditions designed to speed them through the immigration court system, ready or not, with or without representation, due process be damned.”
District Court Enjoins Sheriff’s Practice of Detaining Noncitizens with Release Eligibility Based on ICE Detainers
The court held El Paso, CO county does not have state or federal authorization to detain release-eligible noncitizens pursuant to ICE detainers, and that such detention violates due process, right to bail, and reasonable seizure provisions of CO constitution. (Cisneros v. Elder, 12/6/18)
Government Data Reveals the Inner Workings of the U.S. Immigration Detention System
The American Immigration Council released a report, “The Landscape of Immigration Detention in the United States,” revealing that detained individuals were commonly held in private facilities and located in remote areas, far away from basic community support structures and legal advocacy networks.
U.S. Senators Demand Information on Death of Transgender Woman in ICE Custody
On 12/5/18, Senators Tom Udall (D-NM), Martin Heinrich (D-NM), and Kamala Harris (D-CA) sent a letter to ICE Acting Director Ronald Vitiello and CBP Commissioner Kevin McAleenan demanding information on the death of Roxana Hernandez, a transgender woman who died while in ICE custody.
DHHS Office of Inspector General Issues Report on Staffing Background Checks at Tornillo Influx Care Facility
The Department of Health and Human Services issued a memo stating that the Tornillo Influx Care Facility, which houses unaccompanied children, is not conducting required FBI fingerprint background checks for staff and does not employ sufficient staff clinicians to provide mental health care.
AILA Submits Comments on Proposed Revisions to National Detention Standards
AILA submitted comments on a new draft of the National Detention Standards (NDS), including stating that ICE should include more enhancements and move aggressively to ensure adoption of the more stringent Performance Based Nation Detention Standards (PBNDS) 2011 to the greatest extent possible.
CA9 Remands Case Challenging the Prolonged Detention of Noncitizens in Removal Proceedings to the District Court
The court remanded the Jennings v. Rodriguez case to the district court to consider whether INA §§235(b), 236(a), and 236(c) are constitutional. The court left in place the permanent injunction in favor of the plaintiffs. (Rodriguez v. Marin, 11/19/18)
Resources on Case Challenging the Prolonged Detention of Noncitizens in Removal Proceedings
Resources relating to Jennings v. Rodriguez, a case regarding whether noncitizens who are subject to prolonged detention under the INA are entitled to automatic bond hearings.
EOIR Releases Memo on Tracking and Expedition of “Family Unit” Cases
EOIR released a memo to clarify the agency’s tracking and expedition of “family unit” cases as identified by DHS at the time of filing with the immigration court.
Senator Sends Follow-Up Letter to ICE on Violation of Congressional Requirements
On 11/16/18, Senator Tom Udall (D-NM), a member of the Senate Appropriations Committee, sent a follow-up letter to ICE Acting Director Ronald Vitello to a 10/22/18 letter that inquired about the agency’s violation of congressional requirements as mandated by the FY2019 DHS Appropriations bill.
AILA and the Council Submit Comments Opposing Flores Regulations
AILA and the American Immigration Council comments opposing proposed regulations related to the Flores Settlement Agreement (FSA). The comments note the regulations would allow for the indefinite detention of children and violate the terms and spirit of the FSA. Special thanks to Fried Frank.
Communities in Crisis: Interior Removals and Their Human Consequences
The Kino Border Initiative, the Center for Migration Studies of New York, and the Office of Justice and Ecology of the Jesuit Conference of Canada and the United States published a report on the characteristics of deportees and the effects of deportation.
Assault By ICE: How to Handle ICE When They Lie and Renege on Cases, Bonds, Detention, Writs of Habeas, and Communication
Assault By ICE: How to Handle ICE When They Lie and Renege on Cases, Bonds, Detention, Writs of Habeas, and Communication presentation from the October 2018 Missouri/Kansas CLE. This presentation was given by Andrea Martinez and Megan Galicia of Martinez Immigration Law.
AILA Insight: Requesting a Bond Hearing: How Detained Immigration Courts Vary with Scheduling Bond Hearings
AILA member Matthew Boles discusses how some immigration courts are auto-scheduling bond hearings for custody redetermination.
EOIR Releases Materials from the 2018 Legal Training Program for Immigration Judges
Obtained via FOIA by Hoppock Law Firm, EOIR released training materials from its 2018 Legal Training Program, including on claims to citizenship, non-LPR cancellation, evidentiary challenges, criminal immigration and bond law, and asylum law. Special thanks to Matthew Hoppock.
AILA ICE Liaison Committee Meeting Q&As (10/23/18)
Official Q&As from the 10/23/18 AILA liaison meeting with ICE. Topics include staffing and organizational updates, NTAs and scheduling of immigration court hearings, recalendaring cases, arrests at USCIS and EOIR facilities, unaccompanied minors, and stays of removal.
Democratic Senators Request Information on ICE’s Violation of Congressional Requirements
On 10/22/18, Senator Tom Udall (D-NM), a member of the Senate Appropriations Committee, led a letter to ICE Acting Director expressing concerns and information about the agency’s failure to comply with reporting requirements from FY2018 DHS Appropriations bill and ICE’s patter of overspending.
Advocates File Class Action Lawsuit Challenging Detention of Vietnamese Immigrants
Resources related to four Vietnamese refugees, whose families fled Vietnam before 1995, and filed a habeas corpus class action petition and class action complaint for declaratory and injunctive relief challenging ICE detention.
AG Withdraws Review of Decision and Remands to BIA After Respondent Was Removed
The Attorney General issued a decision, stating that he will not review the BIA determination as the respondent is no longer in the United States, and remanded the case to the BIA for any administrative action. Matter of M-G-G-, 27 I&N Dec. 469 (A.G. 2018)
AG Refers Case to Himself and Invites Amicus Relating to Authority to Hold Bond Hearings
The Attorney General referred a BIA decision to himself for review of issues relating to the authority to hold bond hearings for certain individuals screened for expedited removal proceedings. Amicus briefs are due by 11/9/18. Matter of M-S-, 27 I&N Dec. 476 (A.G. 2018)
Amnesty International Report – USA: ‘You Don’t Have Any Rights Here’
Amnesty International issued a report about the illegal pushbacks, arbitrary detention, and ill-treatment of asylum seekers in the United States that have resulted from immigration policies implemented by the Trump administration in 2017 and 2018.
CBP Office of Human Resources Management Releases Discipline Overview for FY2016–FY2017
The CBP Office of Human Resources Management released its Discipline Overview for FY2016–FY2017, with information on allegations of misconduct against CBP law enforcement personnel and actions taken in response to allegations, as well as information on arrests of CBP employees.
CBP Office of Professional Responsibility Releases Report on FY2016–FY2017
The CBP Office of Professional Responsibility (OPR) released a report for FY2016–FY2017 with an overview of the OPR, highlights of OPR activity, and information on employee misconduct and corruption statistics.
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 10/1/18 and ending 12/31/18, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 2.08 per centum per annum. (83 FR 51567, 10/11/18)
Trump Administration Offers Agreement to Provide Separated Parents a Second Chance at Asylum
The Trump administration, as well as counsel from Ms. L v. ICE, M. M. M. v. ICE, and Dora v. Sessions, came up with an agreement that would allow parents who were separated from their children at the southwest border, a second chance to make asylum claims in the United States.