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The United States Immigration and Customs Enforcement (ICE) has released some immigrants detained in recent raids, despite President Donald Trump's policy of carrying out mass deportations.
The space limitations in detention centers and court orders prohibiting indefinite detention have forced ICE to release certain detainees under monitoring programs, according to sources cited by NBC News.
Since his arrival at the White House, Trump and his allies promoted immigration operations in cities like Chicago and New York, using agents from multiple federal agencies to increase the number of arrests.
As a result, ICE has apprehended more than 8,000 immigrants since the beginning of the administration, according to figures published on social media platform X.
However, the agency does not disclose how many of those arrested have been released, how many remain detained, or how many have been deported.
Trump's immigration policy aims to eliminate the so-called "catch and release" that allows certain migrants to remain in the U.S. while awaiting their hearings.
However, although this policy appears to be in effect at the southern border, the limited capacity of ICE in detention centers has resulted in some immigrants arrested within the country being released again.
Legal and infrastructure limitations
ICE faces significant obstacles in retaining all detained immigrants.
Currently, the agency has a budget to maintain approximately 41,500 beds across the country, a number that is insufficient to accommodate all the individuals arrested under the new immigration control measures.
This is compounded by legal restrictions imposed by federal courts, which prohibit the indefinite detention of immigrants whose home country will not accept them back.
In a statement to NBC News, a spokesperson for ICE acknowledged that, in some cases, the agency must release certain foreigners when their immediate deportation is not possible.
"The federal agents responsible for enforcing the agency's law do everything possible to keep our communities safe," said the official.
"However, in some cases, ICE is compelled to release certain detained foreigners."
Alternatives to detention: Monitoring and surveillance
The released immigrants are not left unsupervised.
Instead of physical detention, many are enrolled in a monitoring program known as Alternatives to Detention (ATD), a strategy implemented for over a decade to track migrants as they proceed through their immigration process.
This program uses various technologies, such as ankle monitors, electronic bracelets, or phone verifications, to track your location and ensure your appearance at immigration hearings.
Fox News reported in December that the Trump administration was already aware of capacity issues in immigrant detention and was considering expanding the use of monitoring devices such as ankle monitors.
Although the Trump administration has attempted to tighten immigration policies, the release of certain immigrants is due to various factors.
The ICE policy prioritizes the detention of immigrants considered threats to public safety, which allows officers to use their discretion to decide the release of those without serious criminal convictions.
Among the criteria for release are:
Migrants whose country of origin does not accept them back. This has been a common issue for citizens from countries like Venezuela, although recently Trump announced that the Venezuelan government would accept the repatriation of some of its citizens.
-People with health issues or serious medical conditions that cannot be adequately addressed while in detention.
-Individuals who are the sole caregivers of children, which makes their prolonged detention more difficult to justify legally.
The practice of releasing certain detained immigrants has drawn criticism from both those advocating for stricter immigration policies and from groups defending migrant rights.
While some argue that these releases undermine efforts to strengthen border security and enforce immigration laws, others contend that detention conditions are inhumane and that many of those released do not pose a real threat to society.
As the government continues its policy of tightening immigration controls, ICE's ability to detain thousands of immigrants remains a logistical and legal challenge, which could change the way future mass deportations are carried out.
Frequently Asked Questions about the Release of Immigrants Detained by ICE in the U.S.
Why is ICE releasing some detained immigrants?
ICE is releasing some detained immigrants due to space limitations in detention centers and court orders that prohibit indefinite detentions. The agency is facing logistical and legal challenges in holding all detained immigrants under the current immigration policies of the Donald Trump administration.
What is the Alternatives to Detention (ATD) program?
The Alternatives to Detention (ATD) program is a monitoring strategy for released migrants that allows for their tracking while they progress through their immigration processes. It utilizes technologies such as ankle monitors, electronic bracelets, or phone check-ins to ensure their appearance at immigration hearings.
What are the criteria for releasing certain immigrants detained by ICE?
ICE prioritizes the release of immigrants who do not pose a public safety threat. The criteria include cases of migrants whose home country does not accept them back, individuals with health issues that cannot be adequately addressed while in detention, and those who are the sole caregivers of children.
How many immigrants has ICE detained since the Trump administration?
Since the beginning of Donald Trump's administration, ICE has detained over 8,000 immigrants. However, the agency has not disclosed how many of these detainees have been released, how many remain detained, or how many have been deported.
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