ICE’s Mass Detention Policy
What we are witnessing right now in the USA is not just an increase in the number of people apprehended by ICE; it’s a policy shift to intentionally keep more immigrants locked up for longer periods of time.
At Game Immigration Law, we have seen the impact firsthand through increasing calls from people who have built lives, raised families, contributed to their communities, and now find themselves imprisoned because of their immigration status. Many immigrants are facing prolonged detention without the opportunity to be released on bond. This can mean lost income, separated families, and loss of hope, having to navigate an already complex legal system from behind bars.
The expansion of immigration detention has been accompanied by a striking increase in the detention of people without criminal convictions. According to TRAC, more than 70% of people held in ICE detention in 2026 had no criminal conviction. Meanwhile, the detention population reached more than 68,000 people in early 2026. These figures raise serious concerns about a system in which individuals with no criminal convictions, including people with longstanding ties to their communities, are being imprisoned without the opportunity to appear before a non-partisan judge and challenge the necessity of their detention. While ICE previously considered immigrants with criminal history as the priority for detention, in practice now it appears that the government’s position is that every undocumented immigrant can be considered a priority for detention, and should be denied bond.
Since ICE adopted its expanded detention policy in July 2025, tens of thousands of people have challenged their detention in federal court and been released through habeas petitions. This term, the Supreme Court will consider whether immigrants who have been living in the U.S. have a right to a hearing to determine if they should remain detained while challenging their possible deportation in the case of Rhoney v. Barbosa da Cunha, No. 26-104.
Learn more about the Administration’s Detention Policy and the Supreme Court’s upcoming case involving ICE’s mass detention policy here:
https://apnews.com/article/ice-immigration-detention-supreme-court-f8ee63bcb11f1be3d7d6300022f3bc88
https://www.politico.com/news/2026/07/09/trump-immigration-detention-courts-judges-00990836
https://www.politico.com/news/2026/08/10/ice-detentions-trump-administration-01027440
https://tracreports.org/immigration/quickfacts/detention.html
