The immigration offensive has intensified since January: ICE is sending more non-detained immigrants to immigration courts seeking deportation orders

Since January, the United States government has intensified its immigration crackdown in the country. Under this administration, ICE has increasingly sent non-detained individuals to immigration courts seeking deportation orders. 

This is what we can conclude from analyzed studies by Trac Immigration, which shows how, according to the most recent records of individual cases in the Immigration Court, that is, through July 31, 2025, increased enforcement resulted in more foreigners being sent to this court each month. 

DHS officials sent 22,116 foreign nationals to Immigration Court. In July 2025, the Court recorded a total of 33,769 new cases, representing an increase of nearly 50% over the first six months of the year. 

These shipments are made when DHS needs an order from an immigration judge before the aliens can be legally deported. ( https://tracreports.org/reports/765/ ) 

Is ICE respecting due process? 

That is what the figures seem to indicate, since according to data we learned from the same agency, of the 59,380 people reported as detained as of August, 36,015, that is, approximately 61%, had Notices to Appear (NTA) before the Immigration Court, another 6,979 according to the processing disposition were in Expedited Deportation, 3,605 more in Reinstatement of the Deportation Order and 12,781 with another type of procedure. (https://www.ice.gov/detain/detention-management) 

Of the people currently in ICE custody, 45% (25,947) have another type of immigration violation, 8% (14,875) have pending criminal charges, and only 8% (17,558) are convicted criminals. 

However, in 2025, «in absentia» (failure to appear) warrants will also increase sharply, according to the Department of Justice. During fiscal year 2025, 218,773 warrants were issued, with a monthly average of 24,308, a figure higher than in previous years. ( https://www.justice.gov/eoir/media/1344881/dl?inline= ) 

An «in absentia» order in the U.S. immigration system, issued by a judge, occurs when a person fails to appear for their hearing and automatically results in deportation, making the person inadmissible to the U.S. and ineligible for certain immigration relief for a period, typically 10 years. 

When comparing the monthly average of issuances of this type of orders during fiscal year 2025 with 2017, the first fiscal year of the Trump administration, a 700% increase can be observed, going from 3,504 to 24,308. Meanwhile, when contrasting the first fiscal year of the Biden administration vs. the current fiscal year 2025 Trump 2.0, the difference is abysmal, going from 712 to 24,308 currently. The figure for the third quarter of 2025 (24,308) already exceeds the total for fiscal year 2024, which was (18,586).

“In absentia” warrants in the US

Who is being sent by ICE to these courts? 

This analysis focuses on new cases that arrived before the Court during July 2025. It’s important to note that a significant portion of these cases stem from ICE arrests within the United States, meaning many of the foreigners may have been living in the country for years and may not have arrived recently. 

It’s worth remembering that Immigration and Customs Enforcement (ICE) officers have discretion to decide whether to keep an immigrant locked up or free while proceedings are conducted in Immigration Court, which determines whether these individuals can remain in the United States or must be deported. 

This decision has significant implications for immigrants, as several studies and investigations by organizations that defend their rights show that those who remain in custody generally have more difficulty obtaining the records and assistance needed to challenge an immigration judge’s deportation order. 

According to available figures, ICE is reportedly sending more non-detained immigrants to immigration court to seek deportation orders, since of the 33,769 new court cases in July 2025, only 30% of the people were detained by ICE, meaning the remaining 70% had been released or had never been detained. 

Legal status of immigrants in courts

When reviewing statistics by nationality, we find a pattern indicating that in 99% of cases, the number of non-detained individuals far exceeds the number of individuals detained by ICE who are sent to these immigration courts. However, one striking fact is that Mexicans are the citizens who must attend these hearings even while in prison. 

Additionally, Mexico had the highest number of cases of detainees dominating custody patterns. This shows that, after Mexico, only a few others had similar detention rates, including Guatemala, which ranked second with a custody rate of 34%, followed by El Salvador at 32%, and Honduras, Nicaragua, Cuba, and the Dominican Republic at 31%. ( https://tracreports.org/reports/765/ ) 

At the other end of the spectrum, Nigeria had the lowest custody rate, at just 3%, followed by the Philippines at 5%. Other destinations with similar indicators were Haiti (11%), China (11%), Brazil (12%), Peru (12%), Russia (13%), and Colombia (14%).  

But the figures are also showing the current administration’s strategy to secure deportation orders for many non-detained immigrants in immigration court. Statistics show that many individuals of various nationalities sent to these courts were not in ICE detention but were instead practicing their defense in freedom. 

What do the numbers say in July?  

Of the 33,769 new court cases in July 2025, only 30% of the people were detained by ICE, that is, 70% had been released or had never been detained. For example: of the 7,599 people of Mexican nationality sent to these courts, 3,273 (43%) were not detained, if we review the other statistics we find that they all exceed more than 60% of that population, Guatemala of 4,572 66% (3,015) were not detained, Honduras of 3,144 69% (2,166) were not detained, Venezuela of 2,271 84% (1,899) were not detained, El Salvador of 1,620 68% (1,109) were not detained and Colombia of 1,548 86% (1,336) were not detained. 

Migrant arrests and releases by country of origin (2025)

It could also be said that a big percentage of people arriving at immigration courts under the title of not detained are initially covered by bail. 

ICE’s own statistics show a contradictory reality regarding the mass deportation policy, as between January and June 2025, the number of people released on bond increased from 782 to 2,559, demonstrating that the system continues to rely on this mechanism to relieve pressure on detention centers. 

Between April and June, more than 7,600 immigrant workers were released through this mechanism, double the number compared to the beginning of the fiscal year. The monthly average rose from around 900 releases in March to more than 2,000 in April, May, and June. 

Which states lead the statistics for those summoned to immigration court? 

Texas recorded the highest number of new foreign court cases for the month of July, with 5,464, followed by New Jersey with 4,227. 

However, New Jersey rises to first place when looking at the number of people who were not detained, as of 4,227 people with new notices to appear (NTAs) filed in Immigration Court, 91% or 3,844 were not detained vs. 383 who were. 

Rounding out the top five are California with a total of 3,436 (28% detained – 72% not detained), Florida with 3,349 (14% detained – 86% not detained), and New York with 1,986 (9% detained – 91% not detained). In all these states, the majority of those summoned to Immigration Court were individuals who were not detained. 

In contrast, other states where large numbers of aliens were held in detention centers were Louisiana with 1,330 (80% detained – 20% not detained), Georgia with 1,138 (63% detained – 37% not detained), and Arizona with 870 (71% detained – 29% not detained).  

State-by-state distribution of new NTAs issued in the U.S.

Has ICE increased detention centers so far in 2025? 

Since Donald Trump’s inauguration in January 2025, the number of detention facilities used by ICE has grown rapidly. According to official data, there were 111 centers operating in October 2024; by May 2025, this number had reached 155, indicating an increase of approximately 40% in just a few months. ( https://tracreports.org/whatsnew/email.250606.html ) 

 One of the most significant milestones occurred in January and February 2025, when ICE signed a contract to reopen Delaney Hall in Newark, New Jersey, a 1,000-bed facility and the largest on the East Coast, which began receiving detainees in May. This reopening was part of a broader expansion strategy, driven by other contracts signed with private companies such as GEO Group and CoreCivic, which included the reopening or refurbishing of previously closed facilities. 

Length of U.S. residency for individuals with new Notices to Appear (NTA) 

Data show that the probability of receiving a Notice to Appear in ICE custody varies depending on length of residence in the United States. Among those who have been in the country for less than two years, the majority are not detained at the time of receiving the notice: for example, 89% of those with between one and two years of residence are released. However, in the first months after arrival (up to one year), the detention rate is considerably higher, reaching 40% of cases, demonstrating a focus on new arrivals. 

In contrast, detention levels rise again among those who have lived in the U.S. for more than 15 years. Among this group, more than half of the cases were cited while in custody: 56% among those between 15 and 20 years of age and 54% among those who have been in the country for two decades or more. This pattern suggests that, while ICE reduces detention in intermediate residency processes, it intensifies its actions against both newcomers and long-term migrants, which may reflect different strategic priorities in immigration enforcement operations. 

Most receive their NTA upon release, except for long-stay migrants. 

In most residency ranges, many people receive their Notice to Appearance while released rather than in custody. Of the 15-year ranges analyzed, 13 have a «non-detained» percentage above 56%, and in some cases, such as those who have been in the U.S. for one to two years, the percentage reaches 89%. This shows that, statistically, it is common for proceedings to begin without detention, which reduces the immediate pressure on ICE custody centers. 

However, there are two key exceptions that change the interpretation: migrants who have been in the country for more than 15 years. The opposite is true in this case, as more than half are notified while in detention (56% in the 15- to 20-year-old age range and 54% in those 20 years or older). This breaks the general trend and reveals that, although in absolute terms many cases are non-detained, ICE intensifies its monitoring of long-stay migrants, which could be based on enforcement strategies, risk profiles, or internal prioritization criteria. 

Relationship between years of residence and notices to appear (NTA).

Is the transfer of more cases causing the courts to become clogged?  

Due to the figures, we could agree with that, as increasingly detained and non-detained individuals are arriving in immigration courts. According to statistics we learned from the Vera organization, which has been working to transform the criminal justice and immigration systems since 1961, many of these referrals are generating additional traffic to the already outdated U.S. immigration system, whose systemic flaws maintain a backlog of pending cases.  

By July 2025, according to the data, there were 3.4 million deportation cases pending in U.S. immigration courts, which, while a 7% decrease from the previous year, is still concerning. ( https://www.vera.org/ending-mass-incarceration/reducing-incarceration/detention-of-immigrants/advancing-universal-representation-initiative/immigration-court-legal-representation-dashboard )  

Across the United States, 2 million people (59%) facing deportation in immigration court lack legal assistance, and this is further complicated for people in immigration detention, as obtaining legal representation can be even more difficult.  

Among people facing deportation in immigration court, 44% do not have an attorney to advise them of their rights, advocate for their release, or help them stop their deportation. Of the more than 450,000 people whose deportation orders were issued by an immigration court in the past 12 months, 75% did not have this type of assistance.  

A very worrying statistic is that more than 900,000 children faced deportation in immigration court in the past 12 months, and of these, more than 66% did not have an attorney.  

It’s important to highlight that, according to statistics, 97% of people who went to immigration court and had an attorney continued to appear at their court hearings, and only 3% received deportation orders in absentia. 

If we examine the statistics by state, we find that Florida leads the number of deportation cases pending in immigration courts with a cutoff date of July 2025 with 522,087, of which 73% do not have legal assistance, followed by Texas with 415,933, of which 74% without legal assistance, California 374,980, of which 33% do not have legal assistance, New York 340,479 , of which 34% without legal assistance and the top 5 is closed by Illinois with 22,347 of which 71% did not have legal representation. 

Top 5 states with the most pending deportation cases (July 2025) 

Throughout 2025, the Trump administration has pushed for a marked expansion of the U.S. immigration detention system. However, this growth in detention infrastructure contrasts with an immigration court system that remains saturated, with millions of pending cases and many people facing legal proceedings without access to legal representation. 

This situation is paradoxical because while the capacity to detain and prosecute more people is being strengthened, the judicial system continues to display structural limitations that affect due process and delay the resolution of cases. This combination not only increases pressure on immigration courts but also deepens gaps in access to justice, especially for those who lack legal resources or have lived in the United States for long periods.