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
EOIR Announces 10 New Legal Orientation Programs
EOIR announced that six new Legal Orientation Program (LOP) sites for adults, and four sites for children, will become operational within the next few months to assist detained individuals in immigration court proceedings.
EOIR Final Rule Regarding Custody Determinations
EOIR final rule which clarifies the existing regulatory provision for DHS to invoke a temporary automatic stay of an immigration judge’s decision ordering an alien’s release under applicable circumstances. The final rule is effective November 1, 2006. (71 FR 57873, 10/2/06)
Petition for a Writ of Habeas Corpus under 28 USC §2241
Sample petition for a writ of habeas corpus challenging the unlawful detention of an alien who has been ordered removed from the United States, but has not been physically deported from the United States (October 2006). (Complaint, Amendment, Other Pleading)
AILA Acknowledges Tenth Anniversary of IIRIRA
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) is a vast and controversial law that has done little to reform our immigration system and much to create hardship and suffering for thousands of immigrants and their U.S. families.
Summary of Rep. Sensenbrenner’s Enforcement-Only Bills Reflecting Reshuffled Bill Content
AILA’s updated summaries of new enforcement-only bills introduced by Rep. Sensenbrenner on 9/15/06 and repackaged on 9/19/06. The three original bills were repackaged as two, with the tunnel provisions now contained in an existing stand-alone bill.
BIA Updates Revised Practice Advisory Regarding First Briefing Extensions
BIA notice updates an earlier advisory on revised briefing deadlines for cases before the Board where the individual is detained. Now the BIA will follow a 21 day briefing schedule and generally allow one extension request. Notice updates 71 FR 40151 published 7/14/06. (71 FR 51856, 8/31/06)
President Bush on Comprehensive Immigration Reform in Texas
In an address on comprehensive immigration reform, President Bush discussed increased funding for border security, the end of "catch and release", worksite enforcement, documentation for temporary workers, and deportation.
BIA to Grant Fewer and Shorter Extensions of Initial Briefing Deadlines
Beginning 8/14/06, the BIA will grant fewer and shorter extensions of initial briefing deadlines in detainee cases.
Objection Letter to New BIA Extension Policy by CLINIC, AILF, CAIR, and NIP
Effective August 14, 2006, the BIA is reducing the time period granted for a briefing extension from 21 to 15 days for detained persons with cases before the BIA. CLINIC, AILF, the CAIR Coalition, and the National Immigration Project submitted a letter objecting to this new policy.
AILA Position Paper on Civil Liberties Restoration Act
Many new policies since 9/11 have not enhanced our security and have eroded our civil liberties. AILA strongly supports the Civil Liberties Restoration Act, which seeks to roll back the most egregious post-9/11 policies and strike a balance between security needs and liberty interests.
AILA Backgrounder on Due Process, Civil Liberties, and Security
This updated AILA Backgrounder discusses the importance of upholding due process and civil liberties while enhancing our national security.
CRS Issues Report Comparing Enforcement Provisions in H.R. 4437 and S.2611
Congressional Research Service report comparing enforcement provisions in H.R. 4437, S. 2611 and current law.
CA7 Refuses to Apply Fugitive Disentitlement Doctrine to Person in Custody
The court denied the government’s motion to dismiss under the fugitive disentitlement doctrine because Petitioner had surrendered to immigration authorities and remained in DHS custody. (Gutierrez-Almazan, 7/17/06)
BIA to Follow Revised Practice Regarding First Briefing Extensions
BIA notice advising on revised general practice regarding briefing deadlines for cases before the Board where the individual is detained, reducing the amount of time granted for first briefing extensions in detainee cases and the number of extension requests allowed. (71 FR 40151, 7/14/06)
AILA Pro Bono Newsletter, Spring 2006
This is the inaugural issue of the Pro Bono Newsletter. Topics include AILA Wants to Recognize Your Pro Bono Work; Promote Your Organization or Program; New York Chapter Hosts Event; Know Your Rights Materials; Pro Bono Feature—Tour of the Border; Volunteer Opportunities & BIA Appeals Project.
AILA Letter Strongly Supporting Brownback – Lieberman Amendment
Letter to Senators urging their support of the Brownback – Lieberman Amendment, the Secure and Safe Detention and Asylum Act. The amendment would provide important and needed protections for asylum seekers and help to ensure an effective and humane system of immigration detention.
ICE Opens Detention Center for Families
ICE announces the opening of a detention facility for families, and notes its intention to subject families to expedited removal.
ICE Memo with Field Guidance on Response to Law Enforcement Calls
ICE issued a memo with guidance to all Office of Investigations personnel on response to calls for service involving undocumented immigrants.
DHS Unveils New Interior Enforcement Strategy
ICE news release outlines the department's new strategy to expand interior enforcement efforts. The new enforcement plan, which is the second phase of DHS's Secure Border Initiative, will target employers of undocumented aliens, immigration violators inside this country, and criminal networks.
CA7 Rules Habeas Challenges to Detention Must Name Warden As Custodian-Respondent
The court rejected Petitioner’s contention that the Attorney General, DHS Secretary, and/or ICE Field Officer Director were appropriate custodians-respondents to a habeas petition challenging present physical confinement. (Kholyavskiy v. Achim, 4/17/06)
Asylum Officer Basic Training Credible Fear Lesson Plan
The Asylum Office released a revised Asylum Officer Basic Training Lesson Plan on credible fear determinations dated April 14, 2006.
DHS OIG Assessment of ICE’s Detention and Removal of Illegal Aliens
This April 2006 report assesses DHS’ Immigration and Customs Enforcement program for detaining and removing illegal aliens apprehended in the U.S. and at ports of entry.
ICE Detention and Deportation Officer’s Field Manual
Following a FOIA request filed by AILA, ICE released a redacted version of the Detention and Deportation Officer’s Field Manual.
EOIR Responses to AILA's Liaison Questions (3/22/06)
Liaison issues addressed with EOIR included unanswered motions, the 1-800 telephone system, absentia orders, unfiled NTAs, e-payment of fees, circuit court remands, biometrics, briefing schedules, consumer protection, case completion guidelines, and motions to terminate under the Howard memo.
CA9 Holds That Applicants for Admission, Including Asylum Seekers, Cannot Be Indefinitely Detained
The court held that the indefinite detention of applicants for admission “is unreasonable, unjustified, and in violation of federal law,” and granted Petitioner’s motion for immediate release under FRAP 23(b). (Nadarajah v. Gonzales, 3/17/06)