Summary
Despite Trump’s pledge to deport all detained migrants, some arrested in recent crackdowns have been released due to ICE detention space limits and federal court restrictions.
Those released are monitored through Alternatives to Detention, which includes ankle monitors and check-ins.
ICE prioritizes detaining individuals deemed public safety threats, while others—such as Venezuelans who couldn’t be deported—were considered for release.
Trump recently announced Venezuela will now accept deportees. ICE is exploring expanding monitoring programs to manage capacity challenges.
Bill Clinton warned of detention space restrictions. Wanted to expand the space. Congress said no.
Bush filled them up to the point that the UN started to call it a crime against humanity. So he release a bunch right before Obama took office.
Obama got blamed for one of the Bush releases murdering someone. He requested more space - but congress said no. So, he decided instead of randomly releasing people, he would just released all non-criminals (until their application hearings). That freed up space until his second term. During his second term he again requested more space, and congress said no. So he released all the non-violent criminals to make room to put more violent ones in.
Trump comes to power for the first time, and starts kidnapping (immigrant) children as a way of scaring off immigrants. Once that was deemed illegal, he was at a loss until COVID. With COVID, he started the “apply on your side” policy forcing asylum seekers to return to the Mexican side of the border before applying for asylum. This, of course, was not law but an “emergency” order for COVID times. This cleared out some space.
Biden took over and kept the “apply on your side” policy. Once COVID was gone, he asked congress for more room. Congress, at the behest of Trump, said no. So he declared a “border emergency” and reinstated the “apply on your side” policy.
Trump returned somehow. Congress passes the “Laken-Riley act”, an act to put the non-violent criminals back in custody. Basically how it was during Obama’s first term before they ran out of room. Yes, it does make sense - even Obama thought so, but you have to have room. And when Trump runs out, what are the odds that congress says yes this time?
The Laken-Riley act pisses on the 14th amendment. People can be deported for just being suspected of committing a crime. The crime can be as small as being suspected of stealing a candy bar. There is mandatory detention, without bail, for all immigrants, with papers or not. It’s not uncommon in the US to wait years before going to trial, and I doubt they’ll be any more expedient for immigrants. And these people can just be deported without a trial.