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
Lawsuit Alleges Wrongful Death in Texas County Jail Due to Family Separation Policy
The Texas Civil Rights Project filed a lawsuit against the federal government and Starr County in South Texas over the wrongful death of a father who died at a county jail after he was separated from his child due to the zero-tolerance policy. (Peña Arita v. United States, et al., 8/18/19)
CA9 Dismisses Government’s Appeal of June 2017 District Court Order Relating to Enforcement of Flores Settlement Agreement
The court found that the district court’s June 27, 2017, order did not modify the Agreement’s requirement that minors be held in “safe and sanitary” conditions that comport with the “special concern for the particular vulnerability of minors.” (Flores, et al. v. Barr, et al., 8/15/19)
FAQs After Federal Court Requires Immigration Courts to Continue to Provide Bond Hearings, Despite Matter of M-S-
The American Immigration Council, and its partners, the Northwest Immigrant Rights Project and the ACLU, issued FAQs after a district court judge issued a decision modifying an existing preliminary injunction in Padilla v. U.S., requiring immigration courts to provide bond hearings.
El Paso Immigration Collaborative (EPIC) Seeks to Change the Asylum Landscape for Detained Immigrants
The Immigration Justice Campaign, along with local and national partners, launched the El Paso Immigration Collaborative (EPIC). EPIC seeks to increase legal representation for detained immigrants around El Paso and promote oversight of the immigration courts and detention centers in the region.
District Court Orders ICE to Explain Why It Failed to Give Detained Immigrants Proper Notice of Their Custody Reviews
The U.S. District Court for the District of Massachusetts issued an order requiring ICE to explain why the court should not find that the agency has unlawfully detained the 13 individuals identified in a recent detention report. (Calderon Jimenez et al. v. McAleenan, et al., 7/29/19)
CRCL Issues Recommendations to CBP and ICE Concerning Family Separation
CRCL conducted investigations reviewing allegations that CBP and ICE violated the civil rights or civil liberties of family members who were separated after crossing the U.S. border. CRCL recommendations are broad and address implementation of policies, procedures, and documentation.
When Will the U.S. Government Stop Detaining and Abusing Migrant Children?
In this blog post, AILA member Ola Mohamed draws attention to the conditions migrant children have been subjected to and encourages a “grassroots movement, a sustained outcry for the abolishment“ of the detention of migrant children.
Texas Bail Bondswoman Sentenced to Imprisonment for Smuggling Hundreds of Immigrants
Pursuant to an investigation by ICE Homeland Security Investigations (HSI), Hema Patel, a Texas-based bail bondswoman was sentenced to three years’ imprisonment for her role in smuggling hundreds of immigrants, primarily from India, into the United States.
Lawsuit Seeks Clarity on How Immigrants Serving Time Are Deported From The United States
The American Immigration Council, AILA, and the Immigrant Defense Project filed a lawsuit to compel the government to release information about DOJ’s Institutional Hearing Program, an obscure program that expedites the deportation of immigrants who are serving time for criminal offenses.
The Institutional Hearing Program: An Overview
The American Immigration Council provides this fact sheet with an overview of the Institutional Hearing Program’s history and what is known about the way it works. It also highlights some of the due process concerns that surround the program.
Testimony of Acting Inspector General on Mistreatment Allegations at Detention Facilities
The House Committee on Oversight and Reform held a hearing on “The Trump Administration’s Child Separation Policy: Substantiated Allegations of Mistreatment.” Jennifer L. Costello, Acting Inspector General, testified about overcrowding and prolonged detention conditions at detention facilities.
ACLU Files Lawsuit Against ICE to Guarantee Detained Noncitizens Access to Counsel
The ACLU Foundation of Northern California filed a lawsuit on behalf of Pangea Legal Services seeking an injunction that would prohibit ICE from blocking noncitizens from meaningful access to counsel. (Pangea Legal Services v. McAleenan, et al., 7/12/19)
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 7/1/19 and ending 9/30/19, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 2.37 per centum per annum. (84 FR 32835, 7/9/19)
CRS Releases Report on ICE’s Alternatives to Detention Programs
CRS released a report on ICE’s Alternatives to Detention (ATD) programs—Intensive Supervision Appearance Program III (ISAP III) and the Family Case Management Program (FCMP). The report includes data on active participants in each program, ICE caseload, and program evaluations.
Practice Advisory: Constitutional Challenges to Mandatory Immigration Detention After Nielsen v. Preap
The ACLU and advocates provide a practice advisory on the constitutional challenges to mandatory immigration detention after Nielsen v. Preap that authorizes ICE to impose mandatory detention any time after an individual’s predicate criminal offense.
CA3 Finds BRA Release Order Does Not Foreclose ICE Detention During Pendency of Removal Proceedings
The court held that ICE may detain a defendant during the pendency of removal proceedings pursuant to INA §236(a)(1), notwithstanding a parallel criminal action subject to the Bail Reform Act (BRA). (United States v. Soriano Nunez, 7/2/19)
EOIR Releases Percentage of DHS-Detained Cases Completed Within Six Months for Third Quarter of FY2019
EOIR released statistics on the percentage of DHS-detained cases completed within six months. As of 6/30/19, 92 percent of initial case completions took less than six months.
Lighting the Beacon of Hope for Our Clients and Our Country
This blog post is adapted from the president's installation speech given by Marketa Lindt at AILA's Annual Conference 2019 in Orlando, FL. A video of the speech is embedded as well.
NARA Notice of Reply to Public Comments on 2017 ICE Proposal to Destroy Records on Detainees
National Archives and Records Administration (NARA) notice of the publication of a consolidated reply to comments submitted on a 2017 ICE proposal to destroy several types of records related to detainees, including records on sexual abuse and deaths while in custody. (84 FR 29247, 6/21/19)
Advocates File Lawsuit to End ICE’s Blanket Use of Video Teleconferencing at Varick Street Immigration Court
Advocates filed a federal lawsuit in the United States District Court for the Southern District of New York challenging ICE refusal to bring immigrants to court for deportation hearings. (P.L. v. ICE, 2/12/19)
BIA Holds No Bond Required When Voluntary Departure Granted Under Safeguards
Unpublished BIA decision vacates requirement that respondent post voluntary departure bond because respondent was detained and voluntary departure was granted under safeguards. Special thanks to IRAC. (Matter of Fuentes Sanchez, 6/20/19)
TRAC Report Finds That Most Released Families Attend Immigration Court Hearings
Transactional Records Access Clearinghouse (TRAC) found that, as of 5/19, of the 47,000 families seeking asylum, almost six out of seven families released from custody showed up for their initial court hearing. For families with legal representation, appearance rates were as high as 99.9 percent.
AILA and Partners Submit Amicus Brief on Detention During Withholding-Only Proceedings
AILA and other groups submit an amicus brief to the Eleventh Circuit in Radzhabov v. Barr urging the court to affirm the district court’s decision and find that 8 U.S.C. § 1226(a) governs detention during withholding-only proceedings and thus these individuals have a right to a bond hearing.
The Real Alternatives to Detention
AILA, Women's Refugee Commission, Lutheran Immigration and Refugee Service, National Immigrant Justice Center, and Migration and Refugee Services provide a backgrounder about cost-efficient alternatives to detention (ATD).
D.C. Circuit Court Affirms Preliminary Injunction Against Blanket Denial of Abortion Access for UACs
The court affirmed the preliminary injunction against the government’s blanket denial of access to abortion for unaccompanied minors (UACs), but vacated the injunction’s prohibition against disclosing a UAC’s pregnancy and abortion decision. (J.D., et al. v. Alex Azar, II, et al., 6/14/19)