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
Supreme Court to Address Whether Non-Admitted Foreign Nationals May Be Detained Indefinitely
The Supreme Court granted cert to resolve a circuit split on whether its decision in Zadvydas, striking down indefinite detention of noncitizens awaiting removal, applies to individuals who have not been “admitted.” (Benitez v. Wallis)
CA6 Limits Section 236(c) Detention to Reasonable Period
The Sixth Circuit held that detention under section 236(c) is limited to a reasonable period, finding that where actual removal is not reasonably foreseeable, a person cannot be indefinitely detained wihtout strong special justification. (Ly v. Hansen, 11/26/03)
ICE Tether Matrix
Tether matrix used by ICE to decide if a foreign national is subject to the Electronic Monitoring Program.
Government’s Crackdown on Immigrants Post 9/11 Creates Climate of Fear, Not Security
Post 9/11, the U.S. government has adopted policies that target individuals for investigation, detention, and removal based on their religion or ethnicity, which fail to enhance our security, have infringed on immigrants’ civil liberties and have created a climate of fear and distrust.
Overview of DHS Tethering Program
ICE presentation overviewing Detention & Removal operations and the agency's new program for electronic monitoring / house arrest. AILA Doc. No. 03111240.
Minutes from ICE Liaison Meeting with AILA (11/12/03)
November 2003 liaison discussions with the Immigration & Customs Enforcement bureau, such topics as ICE structure and initiatives, NSEERS, USVISIT, waiver adjudications, investigations of status violators, and bond determinations. Questions that were not reached during the meeting also are listed.
CA3 Upholds Indefinite Detention of Mariel Cuban
The court found that INA §241(a)(6) applies to a Mariel Cuban, but upheld the indefinite detention, finding that the 6-month presumption of reasonableness in Zadvydas does not apply to aliens who have not been admitted to the U.S. (Sierra v. Romaine, 10/29/03)
AILA Press Release: Protecting the Most Vulnerable
AILA urges support for the Unaccompanied Alien Child Protection Act of 2003, and commends Representative Zoe Lofgren (D-CA) for introducing this crucial piece of legislation which addresses many of the problems facing the over 5,000 unaccompanied immigrant children found in the U.S. each year.
CA9 Rejects Government Argument that Former INA section 236(e) Governs Petitioner's Detention
CA9 ruled that the repealed provision INA section 236(e) cannot govern petitioner’s current detention, and that his detention review was governed, instead, by post-IIRIRA law, Zadvydas, and Ma. (Martinez-Vasquez v. INS, 10/1/03)
CA9 Strikes Down Indefinite Detention Where Removal is Not "Reasonably Foreseeable"
CA9 held that the Supreme Court's decisions in Zadvydas and Ma did not differentiate between inadmissible and deportable aliens, nor between pre- and post- IIRIRA orders of exclusion, deportation, or removal. Therefore, post-IIRIRA law applies. (Marquez v. INS, 9/19/03)
AG and DHS Secretary are Proper Respondents in the CA9 (Decision Withdrawn by Court Order on 9/1/04)
The Ninth Circuit concluded that the proper respondents in a habeas petition under 28 USC 2241 are the Secretary of Homeland Security and the Attorney General. This holding differs from First and Sixth Circuit decisions. (Armentero v. INS, 8/26/03)
Practice Alert: Pilot Program in Hartford to Detain Respondents after Merits Hearings (Revised 8/25/03)
AILA's Connecticut chapter reports that the Hartford BICE is detaining respondents who do not win at their merits hearings. There have been indications that this is a pilot program that the DHS hopes to expand nationwide.
Minutes from State Bar of Texas Meeting with AILA (8/23/03)
The 8/23/03 State Bar of Texas Committee minutes cover the following topics: backlogs, procedures, policies and staffing levels at TSC, as well as discussions with Kenneth Pasquarell (Central Regional Director of CIS) and Evelyn Upchurch (Director of CIS' TSC).
Office of Detention and Removal Strategic Plan, 2003 - 2012
Endgame is the ICE Office of Detention and Removal multi-year strategic enforcement plan that serves as the basis for operational and budgetary plans until 2012 and will build the capacity to “remove all removable aliens” and eliminate the backlog of unexecuted final order removal cases.
AILA Issue Paper on Access to Counsel
AILA Issue Paper on access to counsel, including representation in immigration matters adjudicated at ports of entry and representation in the interior since 9/11.
BIA Denies Discretionary Relief for Breaching Protective Order
The BIA held that Respondent is ineligible for any relief except for bond, because a protective order was violated by disclosure of information to unauthorized persons and that there are reasonable grounds for regarding Respondent as a danger to U.S. security. (Matter of R-S-H-, 8/4/03)
DHS Implements "Operation Predator"
A recent DHS memo instructs DHS trial attorneys to "flag" cases in which an alien has been convicted of a criminal offense against children and to oppose bond, according to sources within the agency.
Testimony of DOJ Inspector General on the Detention and Treatment of September 11 Detainees
Testimony of DOJ Inspector General, Glenn A. Fine, before the Senate Judiciary Committee, on June 25, concerning the detention and treatment of September 11 detainees.
AILA Comments on Inspector General’s Report Detailing Post 9/11 Detention Practices
AILA issued a press release commenting on an oversight report by the Justice Department’s Inspector General that detailed the Department’s post-9/11 detention practices.
BICE Detention and Removal Memorandum to the Field on Implementation of DeMore v. Kim
A 5/15/03 memo from Anthony Tangeman, BICE Director, stating that BICE will send call-in letters to all individuals previously released and subject to DeMore v. Kim. Failure to appear will result in bond revocation and absconder treatment.
Justices Affirm Habeas Jurisdiction under §236, but Uphold Detention of Criminal LPRs
The Court overturned the Ninth Circuit and held that criminal LPRs can be detained pursuant to INA §236(c) without individual bond hearing. A different majority, however, held that §236(e) does not preclude habeas review of challenges to detention under §236(c). (Demore v. Kim, 4/29/03)
AILA Condemns AG’s Decision that Purports to Alter the Standards for Bond
AILA press release condemning a precedent decision holding that in bond proceedings involving undocumented aliens, where the government offers evidence that such release would serve to stimulate mass migration and threaten national security, IJs and the BIA must consider such interests.
AG on Evidence in Bond Proceedings
The Attorney General held that in bond proceedings, the IJ and the BIA must consider evidence from Executive sources that the alien's release would serve to stimulate mass migration and threaten national security. (Matter of D-J-, 4/17/03)
AILA Issue Paper on IIRAIRA and Due Process
AILA Issue Paper on AILA support for legislative initiatives designed to correct the injustices resulting from IIRAIRA and to restore due process and fairness for legal permanent residents.
EOIR’s New Legal Orientation Program Aims to Aid Detainees
An EOIR News Release announces the agency’s new Legal Orientation Program, in which private nonprofit agencies provide individuals detained by the DHS information about court procedures and available options for relief prior to their first court appearance.