Guards at the Adelanto Detention Facility in Adelanto, California.
Via Getty Images
Nearly four in ten immigrants held in U.S. detention chose to leave the country voluntarily by late 2025, according to a CBS News analysis of immigration court records, as detention levels reached historic highs and relief options narrowed.
The analysis found that 28% of completed removal cases involving detained immigrants ended in voluntary departure last year, the highest share on record. That figure rose steadily through 2025, reaching 38% in December.
The data reported by CBS News does not include immigrants placed in expedited removal who did not receive a hearing before an immigration judge.
The increase comes as Immigration and Customs Enforcement detention has expanded sharply. Internal Department of Homeland Security data previously reported by the news outlet showed about 73,000 people in ICE custody in mid-January, the highest level recorded in the agency's history.
The administration has said it aims to build capacity to detain up to 100,000 people at a time.
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Bond approvals and asylum grants have declined alongside the rise in voluntary departures. CBS News found that only 30% of bond rulings for detainees were favorable last year, down from 59% in 2024. Data analyzed by the Transactional Records Access Clearinghouse showed monthly asylum approval rates falling to 29% by December 2025, after exceeding 50% during much of 2022 through 2024.
Under current policy, DHS has sought to expand mandatory detention to more immigrants accused of entering the country illegally, limiting judges' ability to grant bond. A federal judge in California ruled that approach unlawful, but immigration court guidance said the decision was not binding nationwide.
Vilma Palacios, who agreed to voluntary departure after six months in detention in Louisiana, told CBS News the process left detainees exhausted. "It's set up for every individual who is detained to get to the point where they're just emotionally drained and exhausted ... to just say, 'OK, all I want is my freedom,'" she said.
The Executive Office for Immigration Review said immigration judges decide voluntary departure requests case by case under existing law and precedent. DHS did not respond to questions about the rise in voluntary departures.
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Tags: Migrant detention centers, U.S. Immigration and Customs Enforcement