CLIENT UPDATE: DETENTION IS RISING UNDER NEW IMMIGRATION POLICIES
Recent government data shows that more people are being held in immigration detention than at any time since early 2020. New policies at the border are making detention more common, especially for people from certain countries. This update explains what is happening and what it means if you or a loved one has an immigration case.
1. MORE PEOPLE ARE BEING DETAINED
As of May 2025, over 47,000 people are being held in immigration detention each day. That is the highest number in the last four years.
One big reason for this change is that earlier this year, the government stopped allowing many people to be released with check-ins or electronic monitoring. Instead, more people are now being sent directly into detention after arriving at the border.
If you are coming to the United States and do not already have a visa, it is now much harder to be released while your case is pending.
2. DEPORTATIONS TO MEXICO HAVE EXPANDED
Mexico has started accepting deportations of people from Venezuela, Haiti, Nicaragua, and Cuba. This means that people from these four countries are now more likely to be removed after being detained.
Before this change, it was often difficult for the U.S. government to send people back to these countries. Now, it is much easier and faster for immigration officers to do so.
If you are from one of these countries, talk to an attorney right away if you have any fears about being sent back. You may still have legal options, but they need to be raised quickly.
3. THE DETAINED COURT SYSTEM IS GROWING FAST
Over 730,000 people now have cases in what is called the detained docket. This is a special court process for people who are currently being held in immigration custody.
Cases in this system move much faster. Many people only have a few days to prepare before their court hearing. Some people do not have a lawyer at all.
If someone you know is in detention, it is very important to get them legal help as soon as possible. The sooner a lawyer is involved, the better the chance of understanding and using their legal rights.
4. DETENTION AT THE BORDER IS MAINLY FOR SINGLE ADULTS
The current policies mostly affect single adults coming to the border without children. Many are placed directly into custody and are not given a chance to wait for their court date outside of detention.
This includes people seeking asylum or trying to escape violence. Even if you qualify for protection, you may still be held while your case is being reviewed.
Because of this, people applying for entry should be prepared for possible detention and should know how to contact legal help if needed.
SUMMARY
- Immigration detention is increasing under new border policies
- Most people are no longer being released while waiting for their immigration hearings
- People from Venezuela, Haiti, Nicaragua, and Cuba are more likely to be deported because Mexico is now accepting returns
- More than 730,000 people have cases in the detained court system and many do not have lawyers
- Getting legal help early is the best way to protect your rights if you or someone you love is detained
WHAT CLIENTS SHOULD DO
If you or someone you know is in immigration custody, contact an attorney right away. Do not wait, because detention cases often move quickly.
If you are from Venezuela, Haiti, Nicaragua, or Cuba and have any fears about being returned, speak up early in your case. Tell your attorney or ask the judge to consider your situation.
If you are not in detention now but have a pending case, make sure your contact information is updated with the court and that you check for mail about your case.
If you have any questions or need help understanding these changes, please reach out to our office. We are here to guide and support you.
