Increase in ICE's non-detained docket from 3.2 million to over 8 million migrants

Since President Biden took office, the non-detained docket has nearly tripled, growing from about 3.2 million in early 2021 to over 8 million by the end of 2024. This growth reflects a broader trend in which more than 425,000 convicted criminal migrants and over 222,000 individuals with pending criminal charges are currently residing in the U.S. while awaiting deportation hearings. The Biden administration’s approach has involved releasing a significant percentage of migrants encountered at the southern border into the U.S. interior, with reports indicating that over 85% of these individuals are not detained. This policy has drawn criticism, particularly regarding the management of detention space, as ICE has kept thousands of detention beds unfilled despite having the capacity to utilize them.

Detention Space Utilization

Despite Congress funding 41,500 detention beds, recent data shows that only about 37,395 are in use, leaving over 4,100 beds unoccupied. This underutilization of available detention space has prompted calls from officials, including Acting ICE Director Patrick Lechleitner, for increased funding to expand detention capacity to better manage the growing number of migrants.

Criminal Records Among Migrants

The influx of criminal migrants within the non-detained docket is particularly alarming. As highlighted in various reports, there are tens of thousands of individuals with serious criminal convictions, including homicide and sexual assault, living in communities across the U.S. This situation has raised questions about the effectiveness of current immigration enforcement policies and the prioritization of public safety in the context of immigration reform.

Legislative and Political Context

The Biden administration has faced significant political pressure over its immigration policies, with critics arguing that the current approach has led to an increase in crime and public safety concerns. The administration has sought reforms and additional funding from Congress to address these challenges, but legislative efforts have met resistance, complicating the overall immigration landscape.

This complex interplay of policy, public safety, and legislative action continues to shape the discourse around immigration in the United States, particularly as the number of individuals on ICE’s non-detained docket continues to rise.