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
Vote Recommendation to Congress: Block Any Continued Funding for ICE and CBP and Restore Safety to American Communities
AILA sent a vote recommendation to Congress on 2/12/26 urging it to block any continued funding to ICE and CBP until enforceable reforms are put in place and safety is restored to American communities.
Deaths at Adult Detention Centers
AILA provides a continually updated list of press releases announcing deaths in adult immigration detention.
Call to Action: Tell Congress to Reform ICE and CBP -- Vote NO on Funding Them
The American Immigration Lawyers Association urges Congress to oppose funding for ICE and CBP without real reforms and to reject immigration enforcement that is causing harm and making communities less safe. Use AILA’s advocacy tool to call your member of Congress.
Take Action: Tell Congress to Reform ICE and CBP — Vote NO on Funding Them
The American Immigration Lawyers Association urges Congress to oppose funding for ICE and CBP without real reforms and to reject immigration enforcement that is causing harm and making communities less safe.
DHS Enters Into a 15-year Consent Decree with Florida Curtailing Exercise of Parole Authority
The District Court for the Northern District of Florida signed a consent decree in Florida’s lawsuit challenging the Biden Administration’s Parole with Conditions policy. It set aside the policy, declared it unlawful, and restricts DHS’s parole authority for 15 years. (Florida v. Mayorkas, 4/2/26)
Congressional Democratic Leadership Sends Letter to Republican Leadership with List of Guardrails to Increase Accountability and Protect Americans
Leader Jeffries and Leader Schumer send letter to Speaker Johnson and Leader Thune with a list of 10 reforms Congress should enact to increase accountability and protect Americans following more dangerous and violent enforcement actions across the country.
Practice Pointer: Documenting Conditions Violations in ICE Detention Facilities and Advocating for Your Client
Immigration detention facilities often subject detainees to inadequate and punitive conditions, affecting immigrants' ability to fight their cases. This guide outlines how attorneys can document these violations and use them to support their clients' legal cases and broader advocacy efforts.
Vote Recommendation: AILA Urges Senate to Vote NO on FY2026 Homeland Security Appropriations Bill
AILA sent a vote recommendation to the Senate on 1/26/26 urging a NO vote on the FY2026 Homeland Security Appropriations bill.
AILA Sends List of Demands to Congress Highlighting Measures to be Implemented before Voting for DHS Funding
AILA urges Congress to say NO to funding DHS until measures are implemented to check unlawful DHS policies that are leading to chaos, violence and death in American communities. AILA and coalition partners sent the following 10 demands for Congress to enact before it passes any funding for DHS.
USCIS Notice of Reinstatement with Change of Request for Cancellation of a Public Charge Bond
USCIS notice of reinstatement with change of Form I-356, Request for Cancellation of a Public Charge Bond. Comments are due by 2/23/26. (90 FR 45238, 9/19/25; 91 FR 2791, 1/22/26)
Practice Pointer: Challenging Poor Medical Care in ICE Detention
Federal and state governments have built new detention facilities this year at breakneck speed, with the needs of detainees taking a back seat. This resource from the Benefits Litigation Committee outlines strategies for using litigation to challenge poor medical care in ICE detention.
Vote Recommendation: AILA Urges NO Vote on FY2026 Homeland Security Appropriations Bill
AILA sent a vote recommendation to Congress on 1/21/26 urging a NO vote on the FY2026 Homeland Security Appropriations bill.
AILA Statement: Oppose Any Increase in Funding for DHS in the FY2026 Homeland Security Appropriations Bill
AILA urges Congress to oppose any increase in funding for DHS in the FY26 DHS Appropriations Bill. DHS is flush with $170 billion from OBBBA and operating without taxpayer money oversight or guardrails to prevent the aggressive, unlawful and dangerous policies wreaking havoc in American communities.
DHS Memo on Notice and Funding for Congressional Visits to ICE Detention Facilities
DHS Secretary issued a memo on congressional oversight visits to ICE facilities, requiring Members of Congress to email Office of Congressional Relations 7 days in advance for permission to visit. It directs ICE to use H.R. 1 funding for these activities to avoid the 12/17/25 order in Neguse v. ICE.
Whistleblower Disclosure on ICE Memo Authorizing Warrantless Entry to Homes
Whistleblower Aid disclosed to the Senate, on behalf of two anonymous U.S. Government officials, an unreleased ICE policy directive allowing agents to enter residences to conduct arrests and removals without consent or a warrant issued by a federal judge. The document includes the memo text.
District Court Stays DHS Policies Limiting Detention Oversight Visits
In Neguse v. ICE, a federal judge stayed DHS’s Oversight Visit Policies for Members of Congress (MOC) under Section 705 of the Administrative Procedure Act, finding that the policies exceeded DHS’s statutory authority. The order applies to all MOC and has immediate effect. (Neguse v. ICE, 12/17/25)
ICE Notice of Extension of Electronic Bonds Online (eBonds) Access
ICE notice of extension of Electronic Bonds Online (eBonds) Access, which ICE uses to grant access to eBonds and to notify the public of the duties and responsibilities associated with accessing eBonds. Comments are due 2/13/25. (90 FR 58028, 12/15/25)
ICE Notice of Extension of Designation/Revocation of Designation of Attorney in Fact
ICE notice of extension of Forms I-312, Designation of Attorney in Fact, and I-312A, Revocation of Designation of Attorney in Fact, used by immigration bond obligors to designate or revoke designation of a third party to accept returned collateral. Comments are due 2/13/26. (90 FR 58027, 12/15/25)
USCIS Policy Alert Issues Guidance on Biometrics for Individuals in Custody
USCIS issued a policy alert (PA-2025-28) updating the Policy Manual to clarify USCIS policy on obtaining biometrics for individuals in custody with pending benefit requests with USCIS. The guidance is effective 12/5/25. Feedback is due 1/5/26.
AILA Endorses the 2025 Dignity for Detained Immigrants Act
Rep. Pramila Jayapal (WA-07) and Rep. Adam Smith (WA-09) re-introduced the Dignity for Detained Immigrants Act. This bill would enact important reforms to immigration detention for which AILA has long advocated, including requiring DHS to establish civil detention standards. AILA endorses the bill.
Practice Alert: Updates Regarding Bond Practice After Maldonado Bautista
Class counsel for Maldonado Bautista provides a practice advisory providing a synopsis of the District Court’s decisions, as well as information for how to request a bond hearing. This advisory also briefly describes potential next steps in the Maldonado Bautista litigation.
BIA Reverses IJ’s Bond Grant as to Respondent with Recent Arrest for Violent and Aggressive Conduct
The BIA held that the IJ erred in concluding that the respondent was not a danger to the community, where the respondent threatened to kill someone, reacted negatively to law enforcement intervention, and used an alias to evade arrest. Matter of Rodriguez Pena, 29 I&N Dec. 358 (BIA 2025)
Featured Issue: National Security-based Immigration Enforcement
Since taking office, the Trump Administration has weaponized alleged threats to national security to justify sweeping and punitive immigration enforcement actions. This page will track recent updates and news related to these actions.
BIA Reverses Bond Grant for Respondent Who Provided Material Support to Terrorist Organization
The BIA held that the IJ erred in determining that the respondent did not provide material support to a terrorist organization and was not subject to mandatory detention under INA §236(c)(1)(D). Matter of Ghanbari, 29 I&N Dec. 376 (BIA 2025)
District Court Blocks ICE from Detaining Unaccompanied Minors Once They Turn 18
The U.S. District Court for the District of Columbia granted an emergency motion to enforce the 2021 court ruling that prevents ICE from illegally locking up UACs in adult detention centers once they turn 18. (Garcia Ramirez, et al. v. ICE, et al., 10/4/25)