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
ICE Statement Regarding Enforcement and Protocols Due to COVID-19
ICE issued a statement on its response to COVID-19. ICE stated that it does not conduct enforcement operations at medical facilities, except under extraordinary circumstances. Further, ICE is “temporarily suspending social visitation in all detention facilities.”
AILA Sends Letter to ICE Regarding ICE Facilities and COVID-19
On 3/12/20, AILA sent a letter to ICE requesting that ICE immediately implement procedures for the prevention and management of COVID-19 at all ICE facilities, including all detention centers and ICE locations where individuals must report for ICE supervision.
Members of Congress Seek Information on DHS’s Plan to Prevent and Respond to COVID-19 in Detention Facilities
On March 11, 2020, Representatives Carolyn B. Maloney (D-NY) and Jamie Raskin (D-MD) sent a letter to DHS seeking information on its plan for preventing and responding to a potential coronavirus outbreak in ICE and CBP migrant detention facilities and in the broader immigrant community.
DOJ Final Rule on DNA Collection from Immigration Detainees
DOJ final rule which gives the Attorney General plenary legal authority to direct DHS to collect DNA samples from immigration detainees. The rule is effective 4/8/20. (85 FR 13483, 3/9/20)
DOJ Authorizes DHS to Begin Collecting DNA Samples from Certain Immigration Detainees
DOJ issued a final rule to implement the Attorney General’s authority, provided by the DNA Fingerprint Act of 2005, to direct DHS to collect DNA samples from certain non-U.S. persons it detains. The DNA samples will be entered into the FBI’s Combined DNA Index System (CODIS).
ICE Releases Interim Reference Sheet on 2019-Novel Coronavirus
ICE released guidance for its Health Services Corps related to 2019-Novel Coronavirus (COVID-19), including that medical staff should educate detainees on proper hygiene and requesting a sick call if ill as well as how to identify detainees with revised CDC criteria for COVID-19 exposure.
My Time in Dilley, Texas
In this blog post, part of the Diversity & Inclusion blog post series, AILA member L. Patricia Ice describes her time volunteering at the Dilley detention center helping families and how the shared bond of being members of the African diaspora helped her connect with one client.
HHS OIG Finds HHS Was Unprepared for the Zero-Tolerance Policy
HHS OIG found that poor interagency communication and management decisions left HHS unprepared for the zero-tolerance policy and impeded its ability to identify, care for, and reunify separated children. Care provider facilities also faced significant challenges during the reunification process.
CA11 Holds Federal Anti-Trafficking Law Applies to Private, For-Profit Contractors Operating Immigration Detention Centers
The court held that the Trafficking Victims Protection Act (TVPA) applies to private contractors operating federal immigration detention facilities, and that such contractors operating voluntary work programs may be liable for TVPA violations. (Barrientos, et al. v. Corecivic, Inc., 2/28/20)
ICE Issues Subpoenas to Obtain Information Refused Under Sanctuary Policies
ICE announced that the Washington County Sheriff’s Office in Oregon has responded to the subpoenas issued by ICE for non-public information on immigrants who were criminally arrested and detained in the county jail.
Advocates File Lawsuit Against ICE’s New York Field Office Challenging “No-Release Policy” for Immigration-Related Arrests
New York Civil Liberties Union and Bronx Defenders filed a federal class action lawsuit against ICE’s New York Field Office challenging an alleged blanket policy of denying release and bond to virtually all persons arrested by immigration authorities. (Velesaca v. Decker, et al., 2/28/20)
Three Mothers File Class Action Lawsuit Seeking Medical and Mental Health Services After Family Separation
The government agreed to dropped its appeal of an order that required the government to provide mental health treatment for migrant parents whose children were separated from them at the border. (Ms. J.P., et al., v. Barr, 2/21/20)
AILA Submits Amicus Brief on Whether Detention Becomes Unreasonable After One Year
AILA submitted an amicus brief in Reid v. Donelan urging the First Circuit to find that detention without an individualized reasonableness hearing pursuant to Section 1226(c) that lasts any more than six months is presumptively unconstitutional.
Resources on Lawsuit Challenging Conditions in CBP Holding Cells
A U.S. district judge ordered CBP to overhaul the way it detains people in custody in the Tucson Sector, finding that conditions in CBP holding cells, especially those that preclude sleep over several nights, are presumptively punitive and violate the Constitution. (Doe v. Wolf, 2/19/20)
CA3 Holds District Court Can Review Certain “Now-or-Never” Claims Brought by Detained Noncitizens
The court held that when a detained noncitizen seeks relief that a court of appeals cannot meaningfully provide on a petition for review of a final order of removal, INA §§242(a)(4) and (b)(9) do not bar consideration of those claims by a district court. (E.O.H.C. v. DHS, et al., 2/13/20)
AILA Urges House Judiciary Committee to Pass the NO BAN Act and the Access to Counsel Act of 2020
AILA submitted a statement urging the House Judiciary Committee to pass H.R. 2214, NO BAN Act, and H.R. 5581, Access to Counsel Act of 2020. These bills will limit executive authority to restrict the entry of persons into the U.S. and grant access to counsel if a person is detained an hour or more.
An Inside Look – Tips from a Clinical Social Worker Helping Asylum Seekers
Psychological evaluations can be hugely important for vulnerable clients' cases, but attorneys may have some questions about how best to approach having one done. In this blog post, Jocelyn Dyer shares helpful tips from Aimee Miller, a clinical social worker.
District Court Permanently Enjoins ICE from Relying on Inaccurate Federal Databases to Issue Detainers
A California federal court permanently enjoined ICE from issuing detainers based solely on database searches relying on information from sources lacking sufficient indicia of reliability for a probable cause determination for removal. (Roy, et al. v. County of Los Angeles, et al., 2/5/20)
ICE Provides Guidance after District Court Judgment in Gonzalez v. ICE
ICE provided guidance on Gonzalez v. ICE, which declared any detainer issued by a ICE officer or agent in the Central District of California to a law enforcement agency for a member of the Probable Cause Subclass to be null and void and ordered ICE to immediately rescind all such detainers.
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 1/1/20 and ending 3/31/20, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 1.61 per centum per annum. (85 FR 1375, 1/10/20)
CBP Initiates Pilot Program to Assess Collection of DNA Samples
CBP announced the initiation of a pilot program to assess the operational impact of proposed regulatory changes that would require the collection of DNA samples from certain individuals in CBP custody. The pilot program will be implemented in the Detroit Sector and at the Eagle Pass Port of Entry.
CBP and ICE Provide Privacy Impact Assessment of DNA Collection from Detainees
CBP and ICE conducted a Privacy Impact Assessment (PIA) to provide notice to the public of biometric DNA collection from persons who are detained under the authority of the United States consistent with the DNA Fingerprint Act of 2005, and to analyze the associated privacy risks.
CBP Directive on Enhanced Medical Support Efforts
CBP’s Office of the Commissioner issued a directive directing CBP’s “deployment of enhanced medical support efforts to mitigate risk to, and sustain enhanced medical efforts for persons in CBP custody along the Southwest Border” as a result of the surges in unaccompanied children and family units.
CA11 Remands After Finding Insufficient Evidence to Evaluate District Court’s Denial of Petition for Habeas Relief
The court reversed the district court’s denial of the petition for a writ of habeas corpus and remanded to determine whether the petitioner, who had been detained by ICE for more than 31 months, was entitled to release under Zadvydas v. Davis. (Singh v. Att’y Gen., 12/23/19)
Congress Authorizes Ombudsman for Immigration Detention
Congress authorized the creation of an Ombudsman for Immigration Detention in Pub. L. No. 116-93. The new office will be independent of DHS agencies and officers and will report directly to the DHS Secretary.