Report: Immigration Detention Is Bigger, Harsher, and Less Accountable Than Ever

Trump Administration Targets People with No Criminal Record and Uses Detention to Pressure Them to Give Up Their Cases 

Washington DC, Jan. 14 Wednesday — A new report released today by the American Immigration Council shows that the Trump administration is locking up hundreds of thousands of people— most with no criminal record—into a harsh immigration detention system that makes it near impossible to fight their cases or secure release.  

READ THE REPORT HERE.

The report, Immigration Detention Expansion in Trump’s Second Term, reveals how historic funding increases and aggressive enforcement tactics have pushed immigration detention to the highest level in U.S. history. Rather than addressing serious public safety threats, the government is spending billions on mass detention to pressure people who pose no threat to give up their cases and accept deportation. 

As the Trump administration expands its mass deportation agenda, the consequences extend far beyond detention centers. DHS’s aggressive tactics during large-scale enforcement actions in American neighborhoods around the country have already led to tragic, preventable deaths, revealing the human cost of an immigration enforcement system that operates with little oversight or accountability. 

“This has absolutely nothing to do with law and order. Under mass deportation, we’re seeing the construction of a mass immigration detention system on a scale the United States has never seen, in which people with no criminal record are routinely locked up with no clear path to release,” said Aaron Reichlin-Melnick, senior fellow at the American Immigration Council. “Over the next three years, billions of more dollars will be poured into a detention system that is on track to rival the entire federal criminal prison system. The goal is not public safety, but to pressure people into giving up their rights and accepting deportation.” 

READ THE REPORT HERE.

According to the report, the number of people held in U.S. Immigration and Customs Enforcement (ICE) detention rose nearly 75 percent in 2025, climbing from roughly 40,000 at the start of the year to 66,000 by the start of December, the highest level ever recorded. And with Congress authorizing $45 billion dollars in new detention funding, the report warns that the system could more than triple in size over the next four years. 

Major findings of the report include: 

• There is a dramatic shift in who is being detained. Arrests of people with no criminal record surged by 2,450 percent in Trump’s first year, driven by increases in tactics like “at-large” arrests, roving patrols, worksite raids, and re-arrests of people attending immigration court hearings or ICE check-ins. The percent of people arrested by ICE and held in detention with no criminal record rose from 6 percent in January to 41 percent by December. 

• The detention system has expanded so rapidly that already deleterious conditions have worsened. Through the start of December, ICE was using over 100 more facilities to detain immigrants than at the start of the year. For the first time ever, thousands of immigrants arrested in the interior are being detained in hastily-constructed tent camps, where conditions are brutal. More people died in ICE detention in 2025 than in the last four years combined. 

• People are stripped of their chance to ask a judge for release. New policies have made prolonged, indefinite detention the norm. The Trump administration is pursuing policies that strip millions of people, if they are detained, of the right to have a bond hearing where they can make a case to be released into their community while their immigration case is under review, including for those with decades of life in the United States.  

• The administration is using detention to drive up deportations. By November 2025, for every person released from ICE detention, more than fourteen were deported directly from custody. This is compared to an approximate one-to-two ratio from a year earlier.   

• As the administration expands detention, it is simultaneously gutting oversight. The rapid growth of detention has been paired with deep cuts to internal watchdogs and new restrictions on congressional inspections. This erosion of oversight has consequences that extend beyond detention facilities themselves: as ICE is operating with fewer checks on its authority, aggressive interior enforcement in cities has led to preventable harm and deaths, underscoring how a lack of accountability is putting lives at risk.  

“The Trump administration continues to falsely claim it’s going after the ‘worst of the worst,’ but public safety is just a pretext for locking up immigrants and pushing them to abdicate their cases.,” said Nayna Gupta, policy director at the American Immigration Council. “Horrific conditions inside detention facilities break people into accepting deportation which fuels the administration’s inhumane deportation quotas and goals.” 

The report profiles three people whose experiences illustrate the real-world impact of this historic expansion of detention: 

• A green card holder and father of two, detained by ICE at an airport because of a past conviction he was told would not jeopardize his legal status. ICE then neglected his medical issues for months while he was detained. 

• An asylum seeker who was granted humanitarian protection by an immigration judge, yet remains detained months later, without explanation, as ICE seeks to deport her to a third country, and who says she was treated better in federal prison when serving time for an immigration offense.  

• A DACA recipient, detained following a criminal arrest, who was transferred repeatedly across the country as ICE searched for available bed space and witnessed consistently poor conditions across multiple different detention centers. 

With billions of additional dollars already approved, the report warns that immigration detention is poised to grow even larger, deepening the human, legal, and financial costs for families, communities, and the country as a whole. 

“This is a system built to produce deportations, not justice,” said Reichlin-Melnick. “When detention becomes the default response to immigration cases, the costs are borne by everyone. Families are torn apart, due process is set aside, and billions of taxpayer dollars are wasted on these unnecessary and cruel policies that do nothing to increase public safety.”

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Can Renee Good’s Family Sue ICE in the Aftermath of Her Killing? The Answer Is Complicated

On the snowy streets of Minneapolis in the early days of January 2026, an ICE officer shot and killed 37-year-old Renee Nicole Good—a U.S. citizen and mother driving a Honda Pilot with stuffed animals hanging out of the glove compartment. She had reportedly just dropped off her six-year-old child at school. Multiple bystander videos captured the shooting and the distressing aftermath, which included ICE agents preventing a doctor from reaching Good. These images compound what the U.S. has experienced since the start of the second Trump administration – social media feeds filled with videos of ICE and Border Patrol agents smashing car windows during enforcement and firing pepper spray projectiles and tear gas canisters at those who showed up to witness the human toll of immigration enforcement in their communities.

In the wake of Good’s killing, many have naturally asked how her family might hold the individual officer or federal government accountable for her death. The answer is complicated, and any legal fight is riddled with pitfalls.

The well-known legal defense of qualified immunity shields law enforcement agents from having to defend against civil rights lawsuits for monetary compensation (called “damages”) unless the right was “clearly established” such that a “reasonable officer” would understand his conduct violated the law.

What is less well understood is that—thanks to the Supreme Court—there is virtually no way left to sue individual federal officers for monetary damages for violating individuals’ constitutional rights. Local and state law enforcement who violate people’s rights can be sued for under a Reconstruction-era law, 42 U.S.C. Section 1983. No similar statute exists for federal agents. Instead, the Supreme Court in 1971 ruled in a case called Bivens v. Six Unnamed Known Agents of the Federal Bureau of Narcotics that an individual could sue federal drug agents for violating his Fourth Amendment rights in conducting an unlawful search and arrest.

But since that time—and especially under the Roberts Court—the Supreme Court has eviscerated Bivens. From Border Patrol agents fatally shooting a Mexican teenager across the U.S.-Mexico border to agents on the U.S.-Canada border allegedly throwing the owner of a bed and breakfast to the ground and later retaliating against him, the Supreme Court made clear that it will not allow suits against federal officers in any circumstances beyond the facts of Bivens itself and two (now very dated) additional cases. While the Court has not overruled Bivens, it has severely weakened its utility.

Vice President J.D. Vance wrongly claimed that the ICE officer who shot Renee Good is entitled to “absolute immunity.” That is patently incorrect—federal agents acting under color of law can potentially be prosecuted criminally for willfully depriving an individual of their civil rights. A state prosecution is also theoretically possible.

In addition, individuals can still sue the federal government under the Federal Tort Claims Act (FTCA) for injuries committed at the hands of federal employees. Indeed, the federal government paid nearly $5 million to settle an FTCA case brought by the family of Ashli Babbitt, a woman killed by a Capitol Police officer on January 6, 2021 while storming the Capitol.

But the reality is that obtaining legal accountability for actions like the killing of Renee Good through civil lawsuits is challenging by design.

DHS agents have committed excessive force before this administration. During an ICE/IRS raid on a meatpacking plant in East Tennessee in 2018, surveillance video captured an ICE agent putting his boot on the neck of a worker who was lying face down on the floor for 25 seconds—a dangerous practice that could result in serious injury or death. That same agent was accused of punching a different worker in the face during the raid. The only reason the “boot to the neck” incident came to light at all was because of a civil lawsuit against the individual agents.

If courts rule that individuals cannot sue federal agents for rights violations or DHS agents successfully assert qualified immunity in such cases, such evidence may never be revealed. With the ubiquity of smartphone cameras and the growing brazenness of DHS’ violence on the streets of U.S. cities, growing public awareness of law enforcement abuse has the potential to lead to policy change. Efforts to enact federal statutes to codify Bivens have not progressed in Congress, but could gain momentum as people from across the ideological spectrum push back against federal law enforcement overreach.

No amount of money will bring back people killed by federal agents, but money damages are an important part of the U.S. legal system, promoting accountability and serving as a deterrent against future rights abuses. A right without a remedy is a hollow promise—all but ensuring that federal agents will continue to engage in actions that endanger and kill people.

Photo by Chad Davis

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New Cohort Selected for the Gateways for Growth Challenge

Round VI of the Challenge Will Support Local Communities in Welcoming Immigrants

WASHINGTON DC & DECATUR, GA, December 15, 2025 — The American Immigration Council (the Council) and Welcoming America, two national nonprofits, are pleased to announce that over 10 local communities have been selected to receive Gateways for Growth Challenge (G4G) awards as part of Round VI of the initiative. Awardees will receive a mix of customized research, technical assistance, and planning support to develop strategies that ensure all residents — including immigrants — can succeed and fully contribute to their communities.

The 2026 awardees span both urban and rural communities across ten states and represent the broad range of welcoming work happening across the country led by local governments, nonprofits, chambers of commerce, and community coalitions. Some of these communities include:

• Arlington County, Virginia
• Charlotte, North Carolina
• Durham, North Carolina
• Fort Bend County, Texas
• Johnson County, Kansas
• Lancaster, Pennsylvania
• Las Cruces, New Mexico
• Mahoning County, Ohio
• St. Louis, Missouri
• Wabash County, Indiana

“For nearly a decade, the Gateways for Growth Challenge has helped local communities quantify the impact of their immigrant populations and invest in welcoming policies and programs. We are excited to work with the new cohort in creating opportunity for all residents,” said Rich André, Director of State and Local Initiatives at the American Immigration Council.

“This cohort represents local leaders who are doing the day-to-day work of making their communities places where everyone can participate and succeed,” said Molly Hilligoss, senior network director of Welcoming America. “We’re proud to support them as they turn their welcoming values into action.”

Since 2016, G4G has supported more than 75 localities across 37 states. Participating communities have developed welcoming plans that address language access, workforce development, civic participation, and social cohesion. Many have gone on to pass welcoming resolutions, launch new programs, join the broader Welcoming Network, and achieve Certified Welcoming status—a national recognition for communities that meet benchmarks for inclusion and welcoming. For more information about Gateways for Growth, visit gatewaysforgrowth.org.

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About the Gateways for Growth Challenge 

The Gateways for Growth Challenge (G4G) is a competitive opportunity for localities to receive research support and technical assistance from the American Immigration Council and Welcoming America to improve immigrant inclusion in their communities. Learn more atgatewaysforgrowth.org.   

About Welcoming America

Welcoming America is a nonprofit, nonpartisan organization that leads a movement of inclusive communities becoming more prosperous by ensuring everyone belongs. Through the Welcoming Network, we work to change systems and culture by providing communities with the roadmap they need to create welcoming policies and share new approaches to inclusion to create an environment where everyone can truly thrive. Learn more at www.welcomingamerica.org. 

About the American Immigration Council

The American Immigration Council works to strengthen America by shaping how America thinks about and acts towards immigrants and immigration and by working toward a more fair and just immigration system that opens its doors to those in need of protection and unleashes the energy and skills that immigrants bring. The Council brings together problem solvers and employs four coordinated approaches to advance change—litigation, research, legislative and administrative advocacy, and communications. Follow us on Bluesky @immcouncil.org and on Instagram @immcouncil.

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Federal Court Blocks ICE’s Unlawful Detention of Immigrant Teens Turning 18

Washington, D.C., Dec. 12, 2025 — On December 12, a federal court in D.C. ordered U.S. Immigration and Customs Enforcement (ICE) to follow a long-standing court order that protects immigrant teens from being placed in adult detention centers. The court’s order blocks a new ICE policy to automatically shuttle unaccompanied children into adult detention once they turn 18.  

Read the court order here and the opinion here.

The order specifically covers children who originally entered the United States as unaccompanied minors and who “age out” of the custody of the Office of Refugee Resettlement (ORR) (the federal program that looks after unaccompanied children by placing them in shelters and then later with family and/or guardians).  

This federal court decision enforces a 2021 permanent injunction in Garcia Ramirez v. ICE, which requires ICE to comply with their statutory obligations by considering the least restrictive setting available for every unaccompanied child who turns18 and to make all age-outs eligible for alternatives to detention. 

“This ruling makes clear that ICE cannot secretly flout the law or blatantly ignore court orders,” said Suchita Mathur, senior litigation attorney with the American Immigration Council. “ICE tried to detain newly-18-year-olds as a matter of course. These are kids that ICE officers have found, in almost all cases, do not pose a danger or flight risk, with sponsors, families, and community support waiting for them. This decision puts a stop to that.” 

Under a new policy published October 1, ICE told shelters and attorneys that all unaccompanied children turning 18 would be transferred to adult detention, even when they had safe homes and sponsors waiting to receive them. Adult detention threatens the teenagers’ short- and long-term development. Currently, ICE is holding a record number of people in detention, fueling overcrowding and dehumanizing conditions like lack of adequate medical care, abusive treatment, and restricted access to legal and psychological help. The court found that automatically sending teens into adult detention, without considering safer, age-appropriate alternatives, is a violation of the law.  

“Today’s ruling sends a powerful message: ICE can’t put teenagers in dangerous, overcrowded facilities just because they turned 18,” said Mark Fleming, associate director of federal litigation at the National Immigrant Justice Center. “There are safer, lawful options that keep young people connected to school, family, and community. That’s what the law requires, and that’s what this order restores.” 

The court’s ruling requires ICE to immediately stop following its October 1 guidance and to remove anyone placed under detention as a result.

Read the court order here and the opinion here.

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Supporting Working Families Through Flexible, Affordable Childcare

KidsPark is a national franchise that opened with a simple mission: to provide accessible, responsible hourly daycare for families who can’t—or don’t want to—use full-day childcare. Parents can drop off their kids anytime during operating hours for as little or as much time as they need. No reservations are required, and parents pay by the hour.

The model proved to be a success. Now, 37 years later, KidsPark is a national franchise, with daycare centers operating in nine states. Sisters Beth Christie and Heather Alanis jumped in 17 years ago, opening the first KidsPark center in the Dallas-Fort Worth area.¹

“We have families who use us five days a week. or parents who just drop in as needed,” said Beth.

KidsPark strives to support low- and middle-income parents, for whom standard childcare may be prohibitively expensive—potentially pushing them out of the workforce for years. Many parents manage to juggle conflicting work shifts to ensure one can always be with the kids. Even so, they still need affordable care during the overlap, when both are at work. “The hourly drop-off allows them to minimize their childcare costs,” said Beth.

Currently, parents pay $12 per hour for one child, and an additional $6 per hour for each sibling—less than many independent babysitters. “Having quality staff that can take good care of your children and keeping rates low for parents, it’s definitely a balancing act,” said Beth.

KidsPark typically hires young people, often college students. All the current teachers are in their 20s. The directors are in their 30s.

From the beginning, immigrants have been vital to the success of KidsPark Arlington. “We’ve always relied in the childcare industry on people who have come here from another country, or are first- or second-generation,” said Heather.

Often these young people are studying to become nurses or schoolteachers. Beth said, “It’s just fun to see caregiving as a personality type.”

“The young women who work for us tend to be very family oriented,” she said. “We have, over the years, hired cousins and sisters because we believe they work so well together, and all of them have come from immigrant families.”

Immigrants and children of immigrants also bring bilingual skills, which benefit children from all backgrounds, particularly in a diverse area like Dallas, where immigrant workers serve vital roles in construction, manufacturing, healthcare, and more.² “We want our staff to reflect our customers,” said Beth. “We’ve loved having teachers that are bilingual.”

“The teachers that have come from immigrant families have generally been the kindest, most diligent, hard workers,” said Beth. “I have found myself in awe of some of the young women who have come through the center, their work ethic. And they’ve brought so much love to the center.”

1. Beth Christie and Heather Alanis, interview with author, October 8, 2025. ↩︎
2. American Immigration Council, “Immigration in the Dallas–Fort Worth Area,” accessed November 11, 2025, https://ift.tt/M925okI. ↩︎

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