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
DHS OIG Releases Report on ICE’s Management of COVID-19
DHS OIG released a report on ICE’s management of COVID-19 in detention facilities, and whether the health and safety of staff and detainees was safeguarded. Finding insufficient testing and generally ineffective oversight, OIG made six recommendations for improvement and ICE concurred.
Notice of New “DHS/OIDO–001 Office of the Immigration Detention Ombudsman” System of Records
DHS notice of a new system of records titled “DHS/Office of the Immigration Detention (OIDO)–001 Office of the Immigration Detention Ombudsman System of Records.” The new system is effective upon publication of the notice. Comments are due 10/4/21. (86 FR 49553, 9/3/21)
DHS Proposed Rule Exempting “DHS/OIDO–001 Office of the Immigration Detention Ombudsman” System of Records from Privacy Act
DHS notice of proposed rulemaking to exempt portions of the newly established “DHS/OIDO–001 Office of the Immigration Detention Ombudsman” system of records from certain provisions of the Privacy Act. Comments are due 10/4/21. (86 FR 49490, 9/3/21)
ICE Provides Central Location for Attorney Information and Resources for Detainees
ICE provides a resource page developed to promote awareness regarding existing legal access initiatives and programs, as well as provide answers to frequently asked questions regarding legal representation and resources.
District Court Issues Stay on Decision Blocking Biden’s Enforcement Priorities Memos
On 8/19/21, a federal judge enjoined the implementation Biden’s enforcement priorities memos. On 8/23/21, Judge Tipton stayed his decision until 8/30/21.
DHS Announces Alternatives to Detention Case Management Pilot Program
DHS announced a new Alternatives to Detention Case Management Pilot Program, meant to ensure that noncitizens have access to legal information and other services. The pilot will supplement existing ICE Alternatives to Detention programs. Applications to serve on the program’s board are due 9/17/21.
CRCL Issues Recommendations to CBP Concerning COVID and Title 42
CRCL provided policy recommendations to CBP on the handling of undocumented individuals subject to expulsion under Title 42, specifically around medical care and humanitarian protections. CRCL advised that CBP assign case numbers to individuals, consider emergent medical conditions, and more.
DHS Publishes Notification of Prior Ratification of Final Rule on Changes Applicable to Surety Bond Companies
DHS published notification in the Federal Register of Secretary Mayorkas’s 4/15/21 ratification of the final rule entitled “Procedures and Standards for Declining Surety Immigration Bonds and Administrative Appeal Requirement for Breaches.” (86 FR 40919, 7/30/21)
Sample Habeas Brief on Unlawfulness of Detention without Review for Arriving Asylum Seekers
Sample habeas brief (amicus or section of main brief) applying international human rights law and refugee law to argue that the detention of arriving asylum seekers without sufficient individualized determination of the need for detention, with review, is unlawful. (Motion for Injunctive Relief)
DHS OIG Issues Report on Violations of ICE Detention Standards at Adams County Correctional Center
DHS OIG conducted an unannounced inspection of the Adams County Correctional Center to evaluate compliance with ICE detention standards and COVID-19 requirements and made seven recommendations to improve ICE oversight.
Department of the Treasury Notice on Interest Rate for Immigration Bonds
Department of the Treasury notice that for the period beginning 7/1/21 and ending 9/30/21, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.02 per centum per annum. (86 FR 36189, 7/8/21)
ICE Issues Updated Guidance in Identifying and Monitoring Pregnant, Postpartum, or Nursing Individuals
ICE issued a directive stating that it should not detain, arrest, or take into custody for an administrative violation individuals known to be pregnant, postpartum, or nursing, unless release is prohibited by law or exceptional circumstances. Guidance effective 7/1/21.
ICE Agrees to Continued Use of National Immigration Detention Hotline for At Least Five Years
Freedom for Immigrants (FFI) reached a settlement with ICE, under which ICE agreed to provide uninterrupted access to FFI’s National Immigration Detention Hotline for at least a five-year period and to pay FFI $100,970 in attorneys’ fees. (Freedom for Immigrants v. DHS, 7/1/21)
GAO Releases Report on ICE Efforts to Address COVID-19 in Detention Facilities
The GAO released a report on ICE efforts to address COVID-19 in detention facilities. As of March 2021, over 10,000 cases of COVID-19 were confirmed within immigration detention facilities, including eight reported deaths among detainees.
CA9 Upholds District Court Order Requiring DHS to Stop Detaining Certain Minors in Hotels for More Than Three Days
The court affirmed the district court’s order requiring DHS to apply the 1997 Flores Settlement Agreement to certain minors detained in hotels for more than a few days pending their expulsion from the United States under the CDC’s Title 42 order. (Flores v. Garland, 6/30/21)
Supreme Court Rules That Detained Noncitizens in Withholding-Only Proceedings Are Not Entitled to Individualized Bond Hearings
The U.S. Supreme Court held that INA §241, not INA §236, governs the detention of noncitizens subject to reinstated orders of removal, meaning that such noncitizens are not entitled to a bond hearing while they pursue withholding of removal. (Johnson, et al. v. Guzman Chavez, et al., 6/29/21)
ICE and Detainees Reach Settlement Agreement over Implementation of COVID-19 Protocol
The district court released a proposed settlement agreement between ICE and detained immigrants at three detention centers in Florida, in which ICE agreed to implement certain COVID-19 vaccination guidelines and protocol, among other things. (Gayle, et al. v. Meade, et al., 6/28/21)
D.C. Circuit Affirms Dismissal of Claims by Detained Mothers and Children Challenging Credible Fear Regulations
The D.C. Circuit Court affirmed the district court’s determination that the IIRAIRA barred its review of 10 of the 11 alleged policies, because either the policy was unwritten or the challenges to it were untimely. (M.M.V., et al. v. Garland, et al., 6/18/21)
Justice Campaign Provides Samples, Templates, and More for Detained Removal Defense Practitioners
The Immigration Justice Campaign has created and gathered materials to support detained removal defense work. On this page you will find samples, templates, and other practice materials that may be of use in representing detained clients.
Negligence and Mayhem – We Need to Phase Out the Use of Migrant Detention
In this blog post, Sarah Owings shares the realities of what immigration detainees face and why she wants “you to push for fair and humane ways to process people's' immigration paperwork, outside of detention“ so the detention machine can be shut down entirely.
CA4 Finds That EAJA Does Not Apply to Habeas Applicants Seeking Release from Civil Detention
The court held that the Equal Access to Justice Act (EAJA) does not apply to a habeas proceeding seeking release from civil detention, and thus affirmed the district court’s order denying the petitioner attorney’s fees under the Act. (Obando-Segura v. Garland, 5/28/21)
AILA and Partners Submit Amicus Brief on Expansion of Demore’s Holdings
AILA and partners submitted an amicus brief in Ayom v. Garland to the Eighth Circuit, urging the court to decline the government’s invitation to expand Demore’s holding beyond the dubious facts of that case. Amici curiae ask the court to affirm the judgment of the district court.
AILA and Partners Urge DHS to Stop Detentions and Transfers as COVID-19 Cases Spread in ICE Custody
AILA joined Immigration Justice Campaign Local Partner, the Rocky Mountain Immigrant Advocacy Network (RMIAN), in urging DHS to suspend the practice of detaining and transferring immigrants as COVID-19 cases in ICE custody trend upward.
ICE to Close Two Detention Centers in Massachusetts and Georgia
DHS Secretary Mayorkas directed ICE to discontinue use of the C. Carlos Carreiro Immigration Detention Center in North Dartmouth, Massachusetts. The secretary also instructed the ICE acting director to prepare to discontinue use of the Irwin County Detention Center in Ocilla, Georgia.
AILA Urges Further Shift Away from Detention as DHS Announces End to Contracts with Two Facilities
AILA welcomes news that ICE will end contracts with two detention facilities in Irwin County and Bristol County, but urges the Biden administration to take further action by conducting a full review of all people currently held in ICE custody and expanding community-based case management programs.