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ERO: Detention Management

ICE Enforcement and Removal Operations (ERO) manages and oversees the nation’s civil immigration detention system. ICE detainees placed in ERO custody represent virtually every country in the world, various security classifications, both genders and medical conditions ranging from healthy to terminally ill.

Non-U.S. citizens who are apprehended and determined to need custodial supervision are placed in detention facilities. Those who are released from secure custody constitute ERO's "nondetained" docket. Every case, whether "detained" or "non-detained," remains part of ERO's caseload and is actively managed until it is formally closed. ERO processes and monitors detained and non-detained cases as they move through immigration court proceedings to conclusion. At that point, ERO executes the judge's order.

Through an aggressive inspections program, ICE ensures its facilities follow ICE's National Detention Standards (NDS). ERO's Detention Standards Compliance Unit ensures that detainees in ICE custody reside in safe, secure and humane environments and under appropriate conditions of confinement.

The NDS were originally issued in September 2000 to facilitate consistent conditions of confinement, access to legal representation and safe and secure operations across the detention system. The standards established consistency of program operations and management expectations, accountability for compliance and a culture of professionalism.

ICE now uses Performance-Based National Detention Standards (PBNDS) that focus on results or outcomes. Each detention center must meet specified standards.

As part of the restructuring of the former INS, the Homeland Security Act of 2002 transferred the responsibilities related to the care and custody of unaccompanied alien children to the Department of Health and Human Services, Office of Refugee Resettlement. To that end, ERO developed policy and procedures regarding the appropriate case management of unaccompanied alien children in Federal custody while they wait for immigration proceedings. ERO coordinates closely with DHS partners to ensure the timely and safe transfer of unaccompanied alien children to the Office of Refugee Resettlement in accordance with both the Homeland Security Act of 2002 and the Trafficking Victims Protection Reauthorization Act of 2008.

Family Residential Centers maintain family unity as families go through immigration proceedings or await return to their home countries. ICE ensures that these residential centers operate in an open environment, which includes access to medical care, social workers, educational services, legal counsel and recreational opportunities. A language services program provides indigenous language interpretation for residents in family residential centers, to improve meaningful access to services within the centers.

To be eligible to stay at a residential center, the family cannot have a criminal history and must include a non-U.S. citizen child or children under the age of eighteen accompanied by his/her/their non-U.S. citizen parent(s) or legal guardian(s). With limited exceptions stays at residential centers are generally limited to 20 days.

Families are medically screened upon arrival by a licensed nursing staff that is on site 24 hours a day, seven days a week. The facilities provide ongoing medical, dental and mental health care as needed.

All school-aged children receive educational services by state certified teachers. The centers include communal activity rooms, social library, law library, televisions, recreation areas and toddler play areas. Residents have access to cafeterias with child friendly and cultural food choices offered three times a day. Refrigerators in common areas are stocked with fresh fruit, milk and water 24-hours a day. Families have access to an on-site commissary to purchase additional food, snacks and drinks.

Social and legal visitation opportunities are available to residents seven days a week.

ICE headquarters has a designated unit that oversees the compliance of family residential standards and manages an independent compliance inspection program through a contracted team of juvenile subject matter experts. 

ICE’s two Family Residential Centers (FRC) include:

As detailed in the June 2017 DHS Inspector General’s report, the family residential centers are “clean, well-organized, and efficiently run” and the agency was found to be “addressing the inherent challenges of providing medical care and language services and ensuring the safety of families in detention.”

U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) regularly updates its detention statistics in order to provide transparent and timely information to the public. Following the close of each fiscal year, ICE ERO locks the data and produces an official report containing a full set of statistics. During this process updates to the website are briefly suspended, and will resume in the coming weeks.

In the interim and in an effort to remain transparent, we are able to provide a snapshot of our daily detention population by single adults and family members on a weekly basis.

  • On 09/25/2019, ICE had 51,845 detainees in custody of which 51,348 were single adults and 497 were family members.
  • On 10/02/2019, ICE had 51,499 detainees in custody of which 50,728 were single adults and 771 were family members.
  • On 10/09/2019, ICE had 50,841 detainees in custody of which 49,530 were single adults and 1,311 were family members.

ICE Enforcement and Removal Operations (ERO) manages and oversees the nation’s civil immigration detention system, detaining individuals in furtherance of their removal proceedings or to effect their removal from the U.S. after a final order of removal from a federal immigration judge. ICE detainees are housed in a variety of facilities across the United States, including but not limited to ICE-owned-and-operated facilities; local, county or state facilities contracted through Intergovernmental Service Agreements, and contractor-owned-and-operated facilities.

ICE is committed to ensuring that those in our custody reside in safe, secure and humane environments and under appropriate conditions of confinement. ICE makes custody determinations on a case-by-case basis, in accordance with U.S. law and Department of Homeland Security (DHS) policy, considering the merits and factors of each case while adhering to current agency priorities, guidelines and legal mandates. In making such determinations, ERO officers weigh a variety of factors, including the person’s criminal record, immigration history, ties to the community, risk of flight, and whether he or she poses a potential threat to public safety.

Congressional requirements described in the Department of Homeland Security Appropriations Bill (2019) require ICE to make the following data publicly accessible.

 

ICE Currently Detained Population

Currently Detained Population by Arresting Agency as of 09/21/2019

Criminality ICE Percent ICE CBP Percent CBP Total
Total 18,170 35% 33,132 65% 51,302
Convicted Criminal 11,980 76% 3,715 24% 15,695
Pending Criminal Charges 4,328 81% 1,013 19% 5,341
Other Immigration Violator 1,862 6% 28,404 94% 30,266

 

Currently Detained by Processing Disposition as of 09/21/2019

Processing Disposition Count
Total 51,302
Expedited Removal (I-860) 27,754
Notice to Appear (I-862) 18,259
Reinstatement of Deport Order (I-871) 4,138
Other 1,151

* Other processing dispositions may include, but are not limited to, aliens processed under Administrative Removal, Visa Waiver Program Removal, Stowaway, or Crewmember.

Currently Detained Population with USCIS-Established Persecution or Torture Claims as of 09/21/2019

U.S. Citizenship and Immigration Services (USCIS) is responsible for the adjudication of asylum claims submitted by individuals present in the United States who are not in removal proceedings, and screening those encountered at the border – both at and between the Ports of Entry – and who are placed into expedited removal proceedings and express an intent to apply for asylum or a fear of return or persecution. In an effort to meet the Congressional requirements set forth in the 2019 Appropriations Act, USCIS provided ICE with data regarding aliens who established a claim of persecution or torture, most recently provided on September 4, 2019. ICE subsequently compared this data against its detention population.

In FY 2019, as of September 21, 2019, there were 13,351* aliens in ICE custody who were determined by USCIS to have a Persecution Claim Established or Torture Claim Established..

*This includes data for FY 2019 (October 1, 2018 through September 4, 2019). Cases from USCIS-provided data include both credible fear and reasonable fear determinations.

For additional background information on credible fear of persecution or torture or reasonable fear of persecution or torture, please reference the USCIS website.


 

FY2019 YTD ICE Initial Book-Ins

ICE Initial Book-Ins by Facility Type: FY2019 through 09/21/2019

Detention Facility Type Convicted Criminal Pending Criminal Charges Other Immigration Violator Total
Total 148,300 38,339 316,849 503,488
Adult 148,091 38,252 279,394 465,737
Family 209 87 37,455 37,751

 

ICE Initial Book-Ins by Arresting Agency, Program, and Month: FY2019 through 09/21/2019

Agency Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Total FY
CBP 28,660 33,089 33,600 29,014 35,564 43,428 43,434 44,928 29,719 22,120 16,386 10,147 370,089
ICE 11,892 11,224 10,819 12,013 11,539 11,722 11,527 11,899 10,650 11,653 11,424 7,037 133,399
Total 40,552 44,313 44,419 41,027 47,103 55,150 54,961 56,827 40,369 33,773 27,810 17,184 503,488

 


 

FY2019 YTD ICE Average Daily Population and ICE Average Length of Stay

ICE Average Daily Population by Arresting Agency and Month: FY2019 through 09/21/2019

Agency Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep FY Overall
CBP Average 24,215 25,490 28,299 26,346 27,601 27,721 28,754 32,262 34,762 35,087 36,452 33,993 29,996
Convicted Criminal 5,458 5,352 5,632 5,677 5,961 6,079 5,918 5,676 5,467 4,933 4,487 4,076 5,424
Non-Criminal 18,757 20,138 22,667 20,669 21,640 21,642 22,836 26,586 29,296 30,154 31,965 29,917 24,573
ICE Average 21,369 20,711 20,483 20,600 20,990 21,236 20,418 19,561 19,489 19,131 18,791 18,428 20,139
Convicted Criminal 15,170 14,625 14,367 14,318 14,552 14,857 14,272 13,625 13,512 13,216 12,709 12,201 13,995
Non-Criminal 6,198 6,087 6,116 6,282 6,438 6,379 6,146 5,936 5,977 5,915 6,082 6,227 6,145
Average 45,583 46,201 48,782 46,946 48,591 48,957 49,172 51,822 54,252 54,218 55,244 52,421 50,136
Convicted Criminal 20,628 19,976 19,999 19,995 20,513 20,936 20,190 19,301 18,979 18,149 17,196 16,277 19,418
Non-Criminal 24,955 26,225 28,783 26,951 28,078 28,020 28,982 32,521 35,273 36,068 38,047 36,144 30,717

 

ICE Average Length of Stay by Arresting Agency and Month: FY2019 through 09/21/2019

Agency Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep FY Overall
CBP Average 25.3 23.3 22.8 26.3 21.1 19.1 19.6 20.6 29.8 44.1 48.6 53.3 26.2
Convicted Criminal 28.2 29.6 29.7 32.0 30.5 28.8 30.1 31.5 33.5 38.0 37.8 39.3 31.8
Pending Criminal Charges 38.5 38.1 32.0 33.9 34.3 29.1 30.5 32.5 37.2 41.2 42.2 47.6 36.0
Other Immigration Violator 24.2 21.3 21.3 25.0 19.3 17.3 17.5 18.4 28.8 46.0 52.0 57.6 24.7
ICE Average 53.5 58.0 59.2 55.2 53.8 52.3 54.9 52.8 52.5 52.7 55.9 53.0 54.5
Convicted Criminal 54.8 60.0 62.9 57.3 55.9 53.8 57.5 55.1 53.0 52.6 57.3 55.0 56.3
Pending Criminal Charges 50.6 51.8 51.0 51.5 50.6 51.9 54.1 51.1 50.3 51.9 54.6 48.8 51.6
Other Immigration Violator 50.1 57.9 50.9 49.6 46.4 43.5 41.1 42.7 53.8 55.1 49.7 49.3 48.8
Average 34.0 32.9 32.3 34.5 28.7 26.6 27.8 28.0 36.0 47.3 51.4 53.2 34.0
Convicted Criminal 44.2 47.0 50.1 47.6 45.8 43.4 46.2 45.2 44.9 47.6 50.8 49.6 46.7
Pending Criminal Charges 48.5 49.2 47.1 48.0 46.9 46.8 48.0 46.2 46.9 49.4 51.7 48.5 48.1
Other Immigration Violator 25.6 22.9 22.5 26.1 20.3 18.2 18.5 19.4 29.9 46.7 51.8 56.9 25.8

 


 

FY2019 YTD Overall Numbers for ATD

Description

ICE’s Alternatives to Detention (ATD) program is a flight-mitigation tool that uses technology and case management to increase aliens’ compliance with release conditions while they are on the non-detained docket. It is not a substitute for detention, but allows ICE to exercise increased supervision over a portion of those who are not detained.

The ATD program began in 2004 through the agency’s Intensive Supervision Appearance Program (ISAP) I contract. Currently, ATD - ISAP III utilizes modern technology and case management with the goal of more closely monitoring a small segment of cases assigned to the non-detained docket. There are currently over 3 million individuals assigned to the non-detained docket, many with pending cases before the immigration courts. Of these, approximately 100,000 are enrolled in ATD, or about 5 percent of the total non-detained population. The remaining 95 percent of the non-detained population are not subject to the enhanced supervision.

There are varying degrees of supervision and monitoring options available in the ATD - ISAP III program. On a case by case basis, local ICE ERO Deportation Officers determine the type and manner of monitoring that is appropriate for each participant, including the specific type of technology – global positioning system (GPS) tracking devices, telephonic reporting (TR), or a smartphone application (SmartLINK) – and case management levels, which include frequency of office or home visits. ICE may adjust the level of supervision required as the level of compliance either increases or decreases. There are several factors considered when reviewing a case to determine if they will be enrolled in the ATD program. Some examples are an individual’s criminal and immigration history; supervision history; family and/or community ties; status as a caregiver or provider; and other humanitarian or medical considerations.

Additionally, as instructed by Congress, ICE recently incorporated many of the Family Case Management Program (FCMP) principles into its traditional ATD program.These principles were incorporated into the current ATD ISAP III through a contract modification and are known as Extended Case Management Services (ECMS). These same services are available through the ECMS modification as they were available under FCMP with two distinct differences: ECMS is available in a higher number of locations and available at a fraction of the cost. While ECMS is a new program, ICE continues to identify and enroll eligible participants.

ATD Active Population by Technology and Area of Responsibility (AOR) as of 09/21/2019

AOR GPS SmartLINK TR Total
Atlanta 1,227 84 2,123 3,434
Baltimore 2,192 69 853 3,114
Boston 1,326 81 330 1,737
Buffalo 87 10 342 439
Chicago 3,196 1,049 3,012 7,257
Dallas 808 7 192 1,007
Denver 400 141 1,203 1,744
Detroit 1,087 2,975 3,437 7,499
El Paso 296 98 663 1,057
Houston 2,505 149 305 2,959
Los Angeles 3,494 573 6,951 11,018
Miami 4,243 454 1,183 5,880
New Orleans 2,462 293 556 3,311
New York 1,886 85 3,749 5,720
Newark 1,773 3,492 2,624 7,889
Philadelphia 761 915 433 2,109
Phoenix 499 106 75 680
Salt Lake City 707 935 1,449 3,091
San Antonio 760 126 512 1,398
San Diego 1,161 333 1,022 2,516
San Francisco 5,978 642 6,364 12,984
Seattle 1,067 752 1,695 3,514
St Paul 771 681 1,228 2,680
Washington DC 2,235 1,097 591 3,923
Total 40,921 15,147 40,892 96,960

 

ATD Active Population by Technology and Family Unit Head of Household (HoH)/Single Adult Status as of 09/21/2019

Population GPS SmartLINK TR Total
FAMU* 29,084 8,448 22,163 59,695
ECMS 0 0 134 134
Single Adult 11,837 6,699 18,729 37,265
ECMS 0 0 88 88
Total 40,921 15,147 40,892 96,960

* FAMU data as of 08/31/2019 and bounced against 09/21/2019 BI Inc.

ATD Average Length in Program (ALIP): FY19 through 09/21/2019

Active ALIP
557.6 Days

 


 

Definitions

The Average Daily Population (ADP) is the total number of individuals in ICE detention across the current fiscal year, divided by the number of days into the fiscal year. ICE’s fiscal year runs October 1 through September 30. ADP is reported “as of” a date within the current fiscal year.

Arresting agency:

  • CBP: Individuals encountered and arrested by U.S. Customs and Border Protection (CBP), including Border Patrol and Air and Land Inspections, and turned over to ICE.
  • ICE: Individuals encountered and arrested by ICE, including ICE’s Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI).

For ADP, criminality is defined in the following manner:

  • Convicted Criminal:The individual has a criminal conviction in the system of record on or prior to the date of departure.
  • Non-Criminal: The individual does not have a criminal conviction in the system of record on or prior to date of departure. This includes individuals who have criminal convictions that were overturned, dropped, or dismissedon or prior to date of departure.

Average Length of Stay (ALOS) is the average number of days an individual spent in ICE custody as of the current fiscal year.

Currently Detained is the number of individuals detained in ICE custody, “as of” the reporting date.

For ALOS and Currently Detained, criminality is defined in the following manner:

  • Convicted Criminal: The individual has a criminal conviction entered into ICE systems of record at the time of arrest by ICE.
  • Pending Criminal Charges:The individual has pending criminal charges entered into ICE system of record at the time of arrest by ICE.
  • Other Immigration Violators: The individual has no known criminal convictions, or pending charges entered into ICE system of record at the time of arrest by ICE.

Initial Book-Ins by Facility Type is the number of individuals booked into ICE custody, broken down by those booked into adult custody and those booked into a family residential center. **Note that ICE detention population does not include U.S. Marshals Service Prisoners or unaccompanied minors reported by the Office of Refugee and Resettlement.

Data is continuously updated throughout the fiscal year and may fluctuate until the data is locked at the close of the fiscal year.
Last Reviewed/Updated: 10/11/2019