Immigration attorney warns ICE now detains first and questions later

U.S. Immigration and Customs Enforcement (ICE) is holding more people, faster, with fewer chances for release. In July 2025, the Senate approved an enforcement package worth $170 billion, backing a policy shift that makes it more likely officers will detain first and ask questions later. The plan expands detention capacity, restricts bond for many newly arrived migrants, and leans on quick custody and removal to discourage new crossings. Vice President JD Vance cast the tie‑breaking vote. The House is expected to take up the bill soon, setting the stage for a sharp rise in daily detention, potentially above 116,000 people.

The largest share of the money targets detention infrastructure. Lawmakers set aside $45 billion for building new immigration detention centers, a 265% jump over ICE’s prior detention budget. Another $29.9 billion funds ICE enforcement and deportation operations, effectively tripling the agency’s annual operating budget. VisaVerge.com reports that this plan dwarfs funding for the federal prison system and places detention ahead of asylum processing, legal representation, and community‑based alternatives. Supporters say it’s needed to enforce immigration law; critics see a system moving away from due process and toward mass custody.

Funding surge drives a larger detention system

The build‑out goes beyond traditional detention centers. ICE is increasingly using federal prisons for immigration detention, opening more bed space and allowing longer custody as court cases progress.

In some jurisdictions, including New York as of March 2025, the agency revived a “No Release Policy,” reducing chances for people to go home while waiting for hearings. Together, the new funding and policy changes tilt the system toward holding more people for longer periods.

Operational priorities are shifting as well:

• Interior removals fell from about 155,000 per year (2009–2016) to roughly 38,000 (2021–2024), according to recent data summaries cited by advocates.
• Border removals have increased.
• The current strategy relies on rapid detention and deportation near the border to discourage new crossings.

With more beds and more officers, ICE can move cases faster from arrest to removal, particularly when people are not released on bond.

To guide detention practices, the agency issued the 2025 National Detention Standards (NDS), updating custody classifications, housing, and day‑to‑day management. The standards stress tighter classification and safety protocols while aligning with the administration’s enforcement‑heavy priorities. ICE’s standards and detention management resources are available on the agency’s website at the official ICE detention standards page. The updated NDS aim to set clearer rules for facilities, including those run by private contractors and local partners, at a time when capacity is expanding quickly.

Policy shifts limit release and expand custody

A new July 2025 policy on bond eligibility is central to the shift. ICE now takes the position that many people who entered without permission—treated as “arriving aliens” or “applicants for admission”—are not eligible for bond. In practice, that means they must stay in custody during immigration court proceedings.

With billions flowing into detention space and transport, the agency can hold far more people who, under past practice, might have been released to pursue their cases outside.

Advocates warn this approach strains due process. Immigration court proceedings are complex, often require evidence gathering, and can take months. When large groups are kept in detention the entire time, the human cost rises:

• Lost jobs
• Family separation
• Reduced access to legal help

Critics say the funding plan favors concrete and custody over legal counsel, case screenings, and community‑based support that could keep families together while cases move through the system.

Conditions inside facilities are a mounting concern. Rapid capacity growth pressures operators to staff new units, maintain medical and mental health care, and meet language access needs. Reports from legal service providers describe worsening overcrowding as new sites come online faster than support services can keep pace.

Family detention is also expanding, increasing the risk of prolonged custody for parents and children. VisaVerge.com’s analysis indicates the current funding direction prioritizes detention infrastructure over programs that could reduce harm, such as supervised release or legal representation.

Key takeaway: The policy and funding changes combine to make detention more expansive, longer in duration, and less accessible to release mechanisms like bond or community alternatives.

What this means for people and communities

• People picked up by ICE are now more likely to be detained immediately, with fewer chances for release before a hearing.
• Many who entered without permission—treated as “arriving aliens” or “applicants for admission”—may be held without bond through their cases under ICE’s July 2025 position.
• Daily detention could exceed 116,000, supported by new construction and the use of federal prisons as immigration detention sites.
• Overcrowding and longer stays are rising risks, as expansion has outpaced growth in legal services and due process safeguards.
• Families and vulnerable groups face higher chances of prolonged detention, including in expanded family detention facilities.
• Advocates, including the American Immigration Council and the National Immigration Law Center, argue the current approach harms communities and due process.
• ICE leadership backs the funding increases and policy changes as necessary to enforce the law and deter unauthorized entry.

Legal and community implications

Legal battles are likely to target the bond restrictions and the classification of “arriving aliens,” which determine who can seek release. Courts have long wrestled with how immigration law treats custody and bond for recent entrants versus people arrested inside the country.

With billions now set aside for enforcement and detention, any court‑ordered changes in who can be released would have large ripple effects on:

• Bed space
• Transport logistics
• Timelines for removals

For employers and local governments, the shift will be felt differently:

• Worksites and local jails that cooperate with ICE may see more transfer requests and detainers.
• School districts and health providers near detention centers often face rising needs when parents or caregivers are held.
• County budgets can be affected, especially where private contractors or intergovernmental agreements run facilities.

For families, the practical reality is stark: fewer chances for bond, longer custody, and more hearings held by video from inside detention. Community groups will try to fill gaps in legal help, but many are already stretched thin.

The focus on border removals means newly arrived people may be moved quickly through custody and out of the country, sometimes far from relatives or sponsors.

What to watch next

• The House vote expected after July 2025 will determine how fast the system scales up.
• If the bill passes intact, ICE’s build‑out of detention centers will accelerate, and the agency will have funding to sustain higher custody levels for years.
• If lawmakers pare back the package, attention may shift to court rulings on bond and the “No Release Policy” reinstated in places like New York.

Either way, the near‑term trend is clear: more people in ICE custody, for longer, with fewer paths to release before their day in immigration court. The debate over how the United States handles immigration will continue, but the current plan places detention at the center of that story.