Hope in Custody Diminishes as Detainees Voluntarily Depart

(UNITED STATES) A growing number of people held in immigration custody are choosing to leave the country through voluntary departure rather than keep fighting their cases in court, according to new government data and advocates tracking the trend. In the 12 months ending September 30, 2025, the Justice Department’s Executive Office for Immigration Review (EOIR) recorded 15,241 grants of voluntary departure, up from 8,663 the year before. Lawyers and families say the spike follows a July 2025 shift by U.S. Immigration and Customs Enforcement (ICE) to oppose release on bond in nearly all cases, creating longer detention and more pressure to quit.

The people making this choice include asylum seekers, long-time residents without status, and parents separated from children while they wait. Many face weeks or months in locked facilities with limited phone access, long transfers between jails, and uncertain court dates. When ICE argues against bond at each step, judges are more likely to keep people detained. The result, attorneys say, is a wave of “bond denial” orders, higher despair, and more decisions to accept voluntary departure just to end the ordeal.

What is voluntary departure and why it matters

Voluntary departure lets a person leave the country on their own within a set deadline ordered by a judge. It avoids a formal removal order, which can carry tougher penalties for coming back in the future. That legal difference matters: with voluntary departure, many people will not face the same reentry bars that follow deportation.

• The Department of Justice explains timing, eligibility rules, and consequences for missing deadlines on its official EOIR page: Voluntary Departure (DOJ EOIR).
• Voluntary departure generally requires paying for one’s own travel and proving the ability to leave within the time set by the court.
• If a person misses the deadline or fails to depart as ordered, the relief turns into a removal order with stronger penalties.

Rising use of voluntary departure

The latest EOIR count shows a sharp year-over-year rise in grants of voluntary departure. Several immigration judges and public defenders report that since early July, daily dockets include more detained people seeking to end their cases with voluntary departure rather than continue appeals.

These choices often come after:
1. A first or second “custody redetermination” hearing ends with bond denial.
2. ICE moves detainees far from family support, making court preparation much harder.
3. Repeated transfers, limited phone access, and long waits drain people’s ability to pursue their claims.

Analysis by VisaVerge.com and legal observers suggest policy pressure inside detention now outweighs the potential legal benefits of waiting for a full hearing. Lawyers describe clients who once planned to seek asylum but now feel they have no path out of jail unless they drop their case.

A clear example is Ramón Rodriguez Vazquez, a 62-year-old farmworker who left voluntarily after a judge denied bond despite strong community backing. His experience highlights how detention strains people: sleep loss, poor access to medical care, and fear of long waits for hearings. Even people with relatives ready to post bond have found that ICE’s across-the-board bond opposition, coupled with tight standards set by case law, makes release far less likely than before July.

Detention, bond denial, and human impact

ICE has long had authority to oppose release and to argue that a person is a flight risk or a danger. What changed this summer, lawyers say, is the agency’s default stance to oppose bond requests “regardless of circumstances.” As this approach spread across detention centers, it became harder for detainees to show that any amount of money or supervision would lead to release. For many, the prospect of months behind bars was enough to consider voluntary departure over a drawn-out court fight.

Families are paying the price. Parents in custody weigh missing school years and milestones against the chance of winning asylum. People with strong community ties must decide whether to keep waiting for a hearing or take an exit that avoids a deportation order.

Community groups that once focused on bond funds report that their donations now do less, because if courts don’t grant bond the money cannot secure release.

Key facts at a glance:
– EOIR voluntary departure grants rose to 15,241 in the year ending Sept. 30, 2025, up from 8,663 in the prior year.
– ICE began opposing bond broadly in July 2025, raising detention lengths and pushing more detainees toward voluntary departure.
– Voluntary departure avoids a formal removal order, which can reduce penalties for future travel planning.

Supporters of tougher detention argue that swift returns discourage unlawful border crossings and reduce court backlogs. They say voluntary departure is a lawful exit that saves government resources. Immigrant advocates counter that pressure inside jails forces people to abandon valid claims, including those who fear persecution if sent back. They also point to health problems, language barriers, and lack of counsel as factors that tilt decisions against due process.

“Pressure inside jails forces people to abandon valid claims,” advocates say, citing health, language, and representation obstacles that compound decision-making under detention.

Policy context and broader consequences

Since 2017, policies linked to what President Trump called “self-deportation”—making life so difficult that people choose to leave—have shaped the system. Even under President Biden, enforcement choices about detention and release carry big effects.

• Official voluntary departure numbers come from court orders, but many others leave without formal notice, making the full scope hard to measure.
• The jump in EOIR’s figures shows how custody conditions can bend case outcomes.
• Comparisons with the United Kingdom and Canada show different dynamics: both have seen swings in asylum claims driven by backlogs and policy shifts, but neither relies on prolonged detention to the degree reported in U.S. cases this summer.

Ripple effects extend beyond those in jail:
– People with pending claims who are not detained may avoid asking for a court date if they fear being taken into custody afterward.
– Employers lose workers suddenly when long-time staff accept voluntary departure to reunite with family elsewhere.
– Children in U.S. schools face sudden moves if a parent in custody chooses to leave.
– Public defenders must revise client advice in light of near-automatic bond opposition.

Practical considerations and recommendations

For those considering options, the rules matter. Judges can grant voluntary departure at various points in a case and may set strict deadlines and travel requirements. Legal counsel can explain how voluntary departure compares with protections like asylum, withholding of removal, or relief under the Convention Against Torture.

Advocates suggest several steps to reduce coercion and improve fairness:
– Regular, public reporting by facility on bond outcomes, lengths of detention, and access to counsel to show whether the July 2025 shift is uniform or varies.
– More legal orientation programs inside jails to reduce confusion about the differences between voluntary departure and removal.
– Clearer guidance on when ICE should decline to oppose bond—for example, for people with serious medical conditions or strong community ties.
– Consideration of alternatives to detention that allow people to fight their cases while living with family.

The central questions going forward

As the new fiscal year begins, the central questions are simple:
– Will ICE continue blanket opposition to bond?
– Will judges adjust standards in response to rising requests for voluntary departure?
– Will Congress fund alternatives to detention that let people fight their cases while living with family?

The answers will decide whether the surge in voluntary departure is a short-term reaction—or a new normal in the U.S. immigration system.