What’s Happening to People Detained by ICE: An Overview

U.S. Immigration and Customs Enforcement is holding a record number of people in custody, with nearly 60,000 detainees in facilities nationwide as of October 2025. Advocates, attorneys, and local officials report that many facilities are operating far beyond their funded capacity, with overcrowding now a daily reality across parts of the system.

More than 70% of people in ICE detention have no criminal convictions, and many are being held for immigration violations or minor offenses like traffic infractions. The growth in detention follows policy changes under President Trump and a rapid expansion in federal funding for enforcement and bed space.

The strain is visible. Lawyers say families often go weeks without knowing where a loved one has been transferred. Detainees describe sleeping on floors, difficulty getting medical care, and poor sanitation in older buildings and newly converted spaces that were not designed for long-term confinement.

According to analysis by VisaVerge.com, the number of people held and the pace of transfers between facilities have climbed at the same time as the rate of release has fallen. The result is many immigrants stuck in custody for longer periods with fewer options to seek bond or parole.

Record Numbers and Tightened Release Rules

The administration’s approach is reshaping outcomes in custody decisions. After the One Big Beautiful Bill Act (OBBA) took effect in July 2025, ICE expanded capacity while narrowing options for release during removal proceedings.

• Immigration judges are rejecting many requests for release.
• Attorneys report cases in which long-term U.S. residents with deep community ties remain detained despite posing no public safety threat.
• Lawyers describe this as de facto indefinite detention for many people awaiting hearings.

Federal funding has fueled the expansion:

• OBBA directs about $45 billion over four years to detention and enforcement operations.
• The 2025 tax and spending law provides $191 billion for the Department of Homeland Security (DHS) overall.

ICE has used this surge to add bed space, sign or renew contracts with county jails and private operators, and broaden transportation networks for transfers and removals. Agency planning documents and public statements highlight efforts to scale medical services, case management, and contractor oversight.

Despite those investments, detention sites are operating at more than 140% of their federally funded capacity, pushing staff and detainees into tighter quarters.

ICE emphasizes that detention is a civil process used to hold individuals who are in removal proceedings or subject to final removal orders. The agency’s Enforcement and Removal Operations unit sets standards for housing and care and lists benchmarks publicly. Readers can review official policies and compliance expectations at the agency’s page on ICE ERO detention management.

Still, public defenders and private attorneys say basic standards often break down when facilities exceed intended levels. They report:

• Chronic delays for mental health assessments
• Trouble scheduling specialist medical visits
• Kitchen shortages at sites recently reopened or repurposed

Between January and June 2025, ICE deported about 70,000 people with criminal convictions, many for nonviolent offenses or immigration-related crimes. At the same time:

• Releases from detention have dropped
• ICE has relied more on electronic monitoring, including ankle bracelets, for people placed out of custody

That program continues to expand as enforcement widens to include virtually all undocumented immigrants, not just those with criminal histories.

Conditions and Legal Pushback

As detention has grown, legal and humanitarian concerns have increased.

• Attorneys have filed challenges to policies that limit bond hearings and expand arrest powers.
• In a recent case, a federal judge extended a consent decree that bars ICE from arresting people without a warrant or probable cause. The order requires the agency to provide relief to those detained unlawfully and to report on warrantless arrests.

While the ruling has prompted closer review of some enforcement actions, it has not reversed the broader trend toward longer custody and fewer releases.

Conditions inside facilities remain a central focus. This year, at least 15 people have died in ICE custody, the highest annual death toll since 2020. Advocates link the rise to crowding, delayed medical attention, and the use of facilities not built for long-term detention.

Reported conditions include:

• Routine sleep on mats or concrete floors
• Limited access to clean water or hygiene supplies during intake surges
• Overstretched medical care and delayed attention

Public health experts warn that these conditions increase the risk of respiratory illnesses, skin infections, and mental health crises—especially in dorms where hundreds share the same air, bathrooms, and dining spaces.

Overcrowding also complicates due process:

• Detainees are frequently moved—sometimes across state lines—without prompt notice to counsel.
• Moves can delay filings, push hearings back, and make it harder to gather evidence and witnesses.
• Attorneys report spending more time tracking clients than preparing cases.

For families, the uncertainty compounds trauma, especially when a spouse or parent with no criminal conviction disappears into custody for weeks or months.

Geographic concentration raises additional pressures. States with the largest number of ICE detainees include:

1. Texas (largest)
2. Louisiana
3. California
4. Georgia
5. Arizona

Transfers often shift people from urban intake points to rural jails or private facilities hours away from major cities, where legal services are thinner and phone access can be limited. These conditions amplify the importance of pro bono networks and faith groups that help detainees find counsel and communicate with family.

Human Impact and Practical Guidance

Detainees describe daily life shaped by tight space, limited movement, and constant uncertainty. Many report choosing detention over returning to countries where they fear harm, only to face months of waiting in crowded housing units with little fresh air or sunlight. That experience can wear down even those with strong claims for relief, such as asylum seekers who fled violence.

• Children are not held in adult ICE detention, but many parents in custody have U.S. citizen children at home.
• Family separations can extend through school years, holidays, and beyond.

Policy debates remain fierce. Supporters argue strict detention policies deter unlawful crossings and keep people available for hearings and removal, and they say expanded resources will eventually improve conditions and shorten stays.

Critics counter that mass detention is costly, strains local communities, and undermines due process for people who have not committed violent crimes. They highlight:

• The high share of detainees with no criminal convictions
• The steep drop in releases

Both sides agree that legal guardrails matter. The recent court order restricting warrantless arrests is one example of outside oversight. More legal challenges are expected around bond denials and long-term detention without individualized review. If courts require more frequent hearings or set clearer limits on detention length, custody numbers could change.

For families and community groups seeking information, staying organized is key. Practical steps include:

• Keep A-number records, attorney contacts, and prior immigration paperwork in one place
• Ask the facility for its process to schedule legal calls and video visits (procedures vary by location)
• If a transfer occurs, call attorneys immediately and document:
  • Time of transfer
  • Last known facility
  • Any new information
• Contact local nonprofits for help with detention location checks, bond requests, or humanitarian parole packets

While many people are denied bond under current policy, some may still qualify for other forms of release depending on medical needs, family circumstances, or case posture.

Alternatives, Oversight, and the Path Forward

Advocates press for more alternatives to detention, such as case management programs that combine check-ins with legal orientation and social services. They argue these tools:

• Cost less than detention
• Produce high court appearance rates

ICE continues to expand electronic monitoring, but critics raise concerns about:

• The physical and emotional impact of ankle monitors
• Data collection and privacy
• Technical glitches that can trigger false violation reports

Congress has poured money into detention and enforcement, and President Trump has made expansion a centerpiece of immigration policy. With more people in custody, oversight of medical care, sanitation, and use-of-force policies will remain in the spotlight.

Key indicators to watch will include:

• Deaths in custody
• Medical wait times
• Access to counsel
• Rate of successful bond motions
• Share of detainees with no criminal convictions

Those numbers will determine whether ICE detention can move beyond overcrowding toward a more stable, humane approach—or whether the current wave of enforcement creates a sustained state of crisis affecting hundreds of thousands of people across the 🇺🇸.

Key takeaway: Right now, more arrests, fewer releases, and longer stays in crowded facilities define the system. Oversight, legal challenges, and alternatives to detention will shape whether that reality changes.