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ICE Detains Over 61,000 Non-Citizens: A Record-Breaking Moment in U.S. Immigration Enforcement
As of late 2025, the United States has reached a historic and sobering milestone: over 61,000 individuals are currently held in immigration detention facilities by Immigration and Customs Enforcement (ICE), the highest number ever recorded in U.S. history. Projections now suggest that by January 2026, this number will swell to over 107,000. This escalation follows the passage of a $45 billion immigration enforcement package approved by congressional Republicans in mid-2025, which vastly expanded funding for immigration detention infrastructure and deportation operations.
Despite political narratives that frame immigrants as threats to public safety, recent data shows otherwise. A staggering 71% of current ICE detainees have no criminal record at all. Among those who do, the majority are charged with minor infractions, such as traffic violations. Only a small percentage of detainees are linked to serious criminal offenses, directly challenging the “criminal alien” rhetoric often used to justify mass detention.
The Business of Immigration Detention: GEO Group and CoreCivic at the Center
Approximately 80% of all ICE detainees are held in facilities operated by private corporations, primarily GEO Group and CoreCivic. These companies are profiting significantly from government contracts as immigration incarceration becomes a central component of U.S. enforcement policy. These private entities earn billions annually through long-term federal detention agreements—despite ongoing reports of substandard medical care, unsanitary living conditions, and violations of detainees’ rights.
Unlike federal prisons, ICE detention centers are not subject to codified congressional oversight regarding minimum conditions for humane treatment. There is no federal mandate outlining basic health, safety, or legal access standards. This lack of regulation leaves detainees vulnerable to abuse and neglect, with no centralized mechanism for accountability or reform.
Prolonged Detention and Legal Limbo
According to recent figures, the average immigrant in ICE detention is held for 44 days. However, many face significantly longer stays due to backlogs in immigration courts, limited access to legal counsel, and opaque procedural hurdles. These prolonged detentions are especially concerning given the large share of detainees without any criminal background.
The Biden administration, while vocally supportive of humane immigration policy, has not reversed the structural expansion of detention capacity set in motion by Congress. Instead, the machinery has continued to grow, enabled by bipartisan inertia and private sector lobbying interests.
Legal Solutions: How Spar & Bernstein Is Helping Immigrants Fight Back
At Spar & Bernstein, we recognize that behind every ICE detention number is a person with a story, a family, and rights under the law. While the immigration system grows increasingly punitive and profit-driven, we remain steadfast in our commitment to due process, fair representation, and compassionate advocacy.
We assist clients and their families in the following ways:
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Bond Hearings: We work to secure the release of detainees from ICE custody through bond requests and parole petitions.
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Asylum & Removal Defense: We build strong defenses for clients facing deportation, including asylum, cancellation of removal, and waivers.
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Detention Appeals: Our legal team challenges unlawful or prolonged detention and pursues immediate release through federal litigation when necessary.
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Family Reunification: We help detained individuals remain connected with and ultimately reunited with their loved ones.
While the scope of the immigration enforcement apparatus continues to expand, our legal team offers a critical counterbalance through tailored representation and aggressive legal strategy. With decades of experience and thousands of successful outcomes, Spar & Bernstein remains at the forefront of fighting for immigrant rights in the face of a deeply flawed detention system.
