This situation arises amid a surge in arrests under the Trump administration, as revealed by internal government statistics obtained by CBS News.
According to CBS News, ICE's detention facilities were operating at 109% capacity as of Tuesday morning, with nearly 42,000 migrants in custody. This figure exceeds the official capacity of 38,521 beds available across its network of for-profit prisons and county jails. The data indicates that more than half of these detainees were initially apprehended at the southern border.
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On Monday, ICE released approximately 160 migrants, a move that highlights the Trump administration's struggle with the operational and legal challenges of immigration enforcement, challenges that have also troubled previous administrations. ICE has the option to monitor released individuals through ankle bracelets.
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In a statement to CBS News, ICE acknowledged that its intensified operations have resulted in "a significant number of arrests of criminal aliens that require greater detention capacity." The agency is exploring various solutions, including collaboration with U.S. Customs and Border Protection, state and local law enforcement, and requesting increased funding from Congress. ICE is also reviewing case files to expedite the removal of criminal aliens with final orders of removal issued by Department of Justice immigration judges. The agency noted that certain immigration laws necessitate the release of some migrants, who remain under ICE supervision.
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Since President Trump's inauguration, ICE has ramped up arrest operations nationwide, with daily arrests reaching as high as 1,000, compared to an average of 312 during former President Joe Biden's last year in office. The Trump administration has reversed several Biden-era restrictions on ICE arrests, granting the agency a broad mandate to target most individuals in the U.S. illegally, including those without criminal records. However, the process of detaining and deporting these individuals can be lengthy, and in some cases, deportation is not possible due to home countries' refusal to accept them or judicial relief from deportation.
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To address the limited space in existing facilities, ICE is planning a significant expansion of its detention capacity, aiming to fulfill President Trump's promise of the largest mass deportation campaign in U.S. history. The agency is considering expanding its network of detention centers, with an internal memo indicating plans for 14 new sites capable of holding up to 1,000 detainees each, as well as four larger facilities with 10,000 beds each. Additionally, ICE is collaborating with other agencies to enhance its detention capabilities. The Department of Defense has authorized the use of a Space Force base in Colorado for migrant detention, and the Guantanamo Bay Naval base has begun receiving detainees following President Trump's directive to convert it into a large immigration detention center.
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Over the weekend, Tom Homan, the Trump administration's border czar, requested assistance from county sheriffs to help federal immigration officers in arresting and detaining unauthorized immigrants, as reported by Reuters. The administration is also considering the use of "soft-sided" facilities, large tent sites set up by Border Patrol along the southern border, to temporarily house and process migrant families and children. However, the implementation of this plan remains uncertain due to potential operational and safety challenges, as these facilities are designed for short-term processing and lack the security of ICE detention centers.
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In contrast to ICE, Border Patrol's detention facilities are operating well below capacity. As of Tuesday morning, Customs and Border Protection had fewer than 2,000 migrants in custody, utilizing only about 9% of its 21,000-person capacity. This is largely due to a relative decrease in illegal crossings at the U.S.-Mexico border, which are approaching a five-year low. In January, Border Patrol processed nearly 30,000 migrants who crossed the southern border illegally, the lowest number since May 2020, according to internal government figures.
