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
CA3 Affirms Dismissal of Habeas Petitions of 28 Detained Central American Mothers
The court affirmed the district court’s order dismissing the petitioners’ habeas petitions for lack of subject-matter jurisdiction, and found that noncitizens seeking initial admission cannot invoke the U.S. Constitution’s Suspension Clause. (Castro, et al. v. DHS, et al., 8/29/16)
Statement by Secretary Johnson on Establishing a Review of Privatized Immigration Detention
Statement by DHS Secretary Jeh Johnson regarding his 08/26/16 direction to the Homeland Security Advisory Council to evaluate whether ICE detention operations should follow the lead of DOJ, which announced on 08/18/16 that it will be reducing and ultimately ending its use of private prisons.
Hearing Echoes from the Last Refugee Crisis Today
The United States and Europe are facing the worst refugee global migration crisis since World War II. Estimates are that there are more than 60 million refugees worldwide. Every day that we fail to step up and address this issue leaves more refugees at risk of grave and imminent danger, not only for
AILA Amicus Brief to BIA on Detention in the Context of Mental Health Commitment
The AILA Amicus Committee filed an amicus brief with the BIA, addressing the meanings of “detention” and “release” as they relate to mental health commitment.
AILA Urges DHS to Follow DOJ Lead and End Use of Private Prisons
In light of the Department of Justice’s announcement that it will sharply scale back the use of private prisons, AILA President Bill Stock urged the Department of Homeland Security to follow suit, saying “there is no justification for continuing their use in the immigration system.”
UNHCR Report: Beyond Detention (Baseline Report)
This is the first of two reports released on 08/18/16 related to UNHCR’s Beyond Detention Global Strategy. This Baseline Report provides data on the detention situation in 12 focus countries (including the United States) as of the end of 2013.
UNHCR Report: Beyond Detention (Progress Report Mid-2016)
This is the second of two reports released on 08/18/16 related to UNHCR’s Beyond Detention Global Strategy. This Progress Report reviews the first two years of the Global Strategy’s implementation and presents the progress achieved for 12 focus countries, including the United States.
DOJ Memo: Reducing Our Use of Private Prisons
DOJ issued a memo to the Federal Bureau of Prisons calling for the reduction, and ultimately the ending, of the use of privately operated prisons and directing that as each contract ends, the Bureau should either decline to renew or substantially reduce the scope of the contract.
ICE Policy Memo on Identifying and Monitoring Pregnant Detainees
ICE policy memo entitled “Identification and Monitoring of Pregnant Detainees” consolidating existing guidance and setting forth additional procedures to ensure that pregnant women detained in ICE custody are identified, monitored, and housed in the most appropriate facility to manage their care.
As Detained Mothers Continue Hunger Strike, AILA Urges Administration to End Family Detention
Twenty-two mothers being held with their children for months in the Berks family detention center began a hunger strike this week; AILA President William A. Stock urged an end to family detention, noting, “These brave mothers are putting their health at risk to draw attention to injustice.”
TRAC Report Questions Linkage Between Law Enforcement Cooperation and ICE’s Apprehension Numbers
This TRAC report, based upon a review of individual detainer records, calls into question the assumed linkage between cooperation with ICE by state and local law enforcement agencies and ICE’s success in apprehending immigrants it seeks to deport.
OIG Report: Review of the Federal Bureau of Prisons’ Monitoring of Contract Prisons
DHS Office of Inspector General released a report finding that, in most key areas, contract prisons incurred more safety and security incidents per capita than comparable Bureau of Prisons’ institutions, and that the agency needs to improve how it monitors contract prisons in several areas.
CA9 Says INA §236(c) Applies Only if ICE Detains Noncitizen Promptly After Release from Criminal Custody
The court held that, under the plain language of INA §236(c), the government may detain without a bond hearing only those noncitizens with criminal convictions it takes into immigration custody “promptly” upon their release from the triggering criminal custody. (Preap v. Johnson, 8/4/16)
H.R. 5851: Refugee Protection Act of 2016
On July 14, 2016, Representative Zoe Lofgren (D-CA) introduced the Refugee Protection Act of 2016, which includes provisions to address many of the severe, longstanding problems in the U.S. refugee and asylum systems.
BIA Finds Interpreter’s Mistranslation Formed Basis of IJ’s Denial of Bond to Respondent
Unpublished BIA decision overturns IJ’s denial of respondent’s request for release on bond, finding that the IJ’s determination that respondent was a danger to the community was based on a mistranslation by the interpreter at his bond hearing. Courtesy of Nicolas Chavez. (Matter of –, 8/4/16)
S.3241: Refugee Protection Act of 2016
On July 14, 2016, Senators Patrick Leahy (D-VT), Dick Durbin (D-IL), Al Franken (D-MN) and Mazie Hirono (D-HI) introduced the Refugee Protection Act of 2016, which includes provisions to address many of the severe, longstanding problems in the U.S. refugee and asylum systems.
DHS Announces Expansion of Initiatives to Address Central American Migration Challenges
DHS announces new initiatives to aid Central American refugees including a protection transfer arrangement with UNHCR and Internal Organization for Migration (IOM), an in-country refugee referral program, and expansion of the existing Central American Minors program.
DOS Announces Expansion of Initiatives to Address Central American Migration Challenges
DOS announces new initiatives to aid Central American refugees including a protection transfer arrangement with UNHCR and Internal Organization for Migration (IOM), an in-country refugee referral program, and expansion of the existing Central American Minors program.
Barriers to Protection: The Treatment of Asylum Seekers in Expedited Removal
On 8/2/16, the U.S. Commission on International Religious Freedom released a new report, which found serious flaws in the treatment of asylum seekers, and highlighted the harmful impact that detention has on asylum seekers, especially children.
DOJ Issued a Fact Sheet on EOIR’s Office of Legal Access Programs
DOJ provides a fact sheet on EOIR’s Office of Legal Access Programs (OLAP), including information about the Legal Orientation Program (LOP), the BIA Pro Bono Project, Model Hearing Program, and many others.
CA2 Says Individuals with Reinstated Removal Orders and in Withholding-Only Proceedings Are Eligible for Bond
The court affirmed the district court, holding that individuals with reinstated orders of removal and in withholding-only proceedings are eligible for bond. (Guerra v. Shanahan et al., 7/29/16)
DHS OIG Completes Three Rounds of Unannounced Random Inspections of CBP and ICE Detention Facilities
The DHS Office of Inspector General announced that it has completed three rounds of an ongoing program of unannounced inspections of CBP and ICE detention facilities. The inspection program, announced on 3/15/16, is in response to concerns regarding conditions for people in CBP and ICE custody.
On-the-Record White House Press Call on Central American Refugee Processing
Press call with officials from DOS, DHS, and the National Security Council announcing new initiatives to aid Central American refugees, including a protection transfer arrangement with UNHCR and IOM, an in-country refugee referral program, and expansion of the existing CAM program.
AILA: U.S. Expands Protection for Refugees South of U.S. Border But Continues Harsh Treatment of Asylum Seekers at the Border
AILA welcomed the Obama administration’s announcement expanding opportunities for refugees in El Salvador, Guatemala, and Honduras to seek protection, but continued to challenge the White House to stop the aggressive enforcement, detention, and deportation of asylum seekers arriving at U.S. borders.
OIG Report: ICE Still Struggles to Hire and Retain Staff for Mental Health Cases in Immigration Detention
DHS Office of Inspector General (OIG) released a report assessing ICE’s progress on recommendations made in OIG’s March 2011 report, Management of Mental Health Cases in Immigration Detention. OIG will continue monitoring the issue of care to ICE detainees with mental health conditions.