Migrants in U.S. immigration detention facilities are facing longer stays and difficult living conditions as court backlogs increase and release options become limited.
Legal advocates and agency data show that detention periods are getting longer, even for people seeking voluntary departure or waiting for immigration court hearings.
Extended Detention Becomes More Common
In the second term of President Donald Trump’s administration, the detention of immigrants has been prolonged.
Some of these cases result from changes that reduce judges’ power to release offenders until a decision is reached on their deportation, even though they are pending during court hearings.
Data collected from the government shows that there are over 70,000 people currently held in detention centers, with many of them having been held for over six months.
This is a high figure relative to data collected around the end of 2024.
Conditions Reported at Detention Facilities
Human rights organizations and legal visitors also raised concerns regarding the living conditions in several detention centers.
Some of the issues identified are unpleasant sanitary conditions, overcrowding, pest infestations, and limited medical attention.
Several detention centers, including temporary facilities located on military bases, were criticized due to reported fatalities and general infrastructure issues.
Advocacy groups argue that long confinement in these conditions can worsen physical and mental health risks for detainees.
Voluntary Departure Requests Face Delays
Although the administration has promoted voluntary departure programs that include travel assistance and financial incentives, legal advocates report that some detainees who request removal are still required to remain in custody until they see an immigration judge.
Attorneys providing legal aid say they are increasingly meeting individuals who have signed departure documents but remain in detention for months.
In some cases, hearings have been delayed or rescheduled with no clear timeline, adding uncertainty for detainees.
Legal Protections and Release Barriers
Some detainees held for a long time include those who have been granted protection under international law, which forbids their return to their countries because they would be subjected to harm.
Historically, such individuals were often released with work authorization, but recent practices have limited those outcomes.
Legal representatives report repeated denials of custody review requests, even after migrants have prevailed in parts of their immigration cases.
The federal courts also intervened in some cases by issuing orders for release when it was felt that detention had exceeded the maximum limits.
Personal and Family Impacts
Extended detention resulted in prolonged periods of missed funerals, births, and time spent away from spouses and children.
Transfers between facilities in different states have made it harder for detainees to access legal help and stay in touch with family.
Mental health issues have also been reported, with some detainees needing medical or psychological support during their long confinement while waiting for their cases to be resolved.
A Look Ahead
As the number of detainees rises and immigration courts continue to deal with overwhelming caseloads, legal challenges and debates over detention duration, conditions, and due process are likely to increase.
Courts, lawmakers, and federal agencies may face renewed scrutiny over how prolonged detention aligns with existing legal standards.
For ongoing coverage of U.S. immigration enforcement, detention policy changes, and court proceedings, visit ImmigrationQuestion.com.
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