Trump's second time period sees rise in extended ICE detention circumstances

[ad_1] MIAMI (AP) — Felipe Hernandez Espinosa spent 45 days at “ Alligator Alcatraz ,” an immigration holding heart in Florida the place detainees have reported worms in their food, bogs that don’t flush and overflowing sewage. Mosquitoes and different bugs are in every single place.

For the previous 5 months, the 34-year-old asylum-seeker has been at an immigration detention camp on the Fort Bliss Military base in El Paso, Texas, the place two migrants died in January and which has lots of the similar circumstances, in accordance with human rights teams. Hernandez mentioned he requested to be returned to Nicaragua however was instructed he has to see a decide. After practically seven months in detention, his listening to was scheduled for Feb. 26.

Extended detention has develop into extra widespread in President Donald Trump’s second time period, at the very least partly as a result of a brand new coverage usually prohibits immigration judges from releasing detainees whereas their deportation circumstances wind by way of backlogged courts. Many, like Hernandez, are ready to surrender any efforts to remain in the USA.

“I got here to this nation considering they'd assist me, and I’ve been detained for six months with out having dedicated against the law,” he mentioned in a cellphone interview from Fort Bliss. “It's been too lengthy. I'm determined.”

The Supreme Court docket dominated in 2001 that Immigration and Customs Enforcement can not maintain immigrants indefinitely, discovering that six months was an inexpensive cap.

With the variety of folks in ICE detention topping 70,000 for the primary time, 7,252 folks had been in custody at the very least six months in mid-January, together with 79 held for greater than two years, in accordance with company knowledge. That’s greater than double the two,849 who have been in ICE custody at the very least six months in December 2024, the final full month of Joe Biden’s presidency.

The Trump administration is offering plane fare and $2,600 for individuals who go away the nation voluntarily. But Hernandez and others are instructed they'll’t go away detention till seeing a decide.

Authorized advisers warn that these aren't remoted circumstances The primary three detainees that lawyer Ana Alicia Huerta met on her month-to-month journey to an ICE detention heart in McFarland, California, to supply free authorized recommendation in January mentioned they signed a kind agreeing to go away the USA however have been nonetheless ready.

“All are telling me: ‘I don’t perceive why I’m right here. I’m able to be deported,’” mentioned Huerta, a senior lawyer on the California Collaborative for Immigrant Justice. “That’s an expertise that I’ve by no means had earlier than.”

A Chinese language man has been held for greater than a 12 months with out seeing an immigration decide, regardless that he instructed authorities he was able to be deported. Prior to now, Huerta mentioned, she encountered circumstances like this as soon as each three or 4 months.

The Department of Homeland Security mentioned its insurance policies comply with the legislation. It famous a court ruling that the administration can proceed to detain immigrants with out bond.

“The circumstances are so poor and so dangerous that individuals say, ‘I’m going to surrender’,” mentioned Sui Chung, govt director at Individuals for Immigrant Justice.

The wait time could depend upon the nation. Deportations to Mexico are routine, however international locations together with Cuba, Nicaragua, Colombia and Venezuela have at occasions resisted accepting deportees.

Amongst these detained for months are individuals who have received safety beneath the United Nations Conference Towards Torture, who can't be deported to their house nation however could also be despatched elsewhere.

Prior to now, these migrants have been launched and will get a piece allow. Not anymore, mentioned Sarah Houston, managing lawyer at Immigrant Defenders Legislation Middle, who has at the very least three shoppers with safety beneath the U.N. torture conference who've been in custody for greater than six months. One is from El Salvador, detained for 3 years. He received his case in October 2025 however remains to be in custody in California.

“They’re simply holding these folks indefinitely,” mentioned Houston, noting that each 90 days, attorneys request the discharge of those migrants and ICE denies these requests. “We’re seeing individuals who really win their immigration circumstances simply languishing in jail.”

The Nicaraguan who desires to be deported Hernandez, who doesn’t have a lawyer, mentioned he signed paperwork requesting to be returned to his nation or Mexico at the very least 5 occasions. An Oct. 9 listening to was abruptly canceled with out clarification. He waited months with no information, till early February, when he discovered his new listening to date.

Hernandez, who has allergic reactions and desires a gluten-free weight-reduction plan that he says he hasn’t been getting since November, was arrested in July on a lunch break from his job putting in energy mills in South Florida. His spouse was detained with him however a decide allowed her to return to Nicaragua and not using a formal deportation order on Aug. 28.

Each crossed the Mexican border in 2022 and requested asylum . He mentioned he acquired dying threats after taking part in marches towards co-presidents and spouses Daniel Ortega and Rosario Murillo .

If he returns, they plan to go to Panama or Spain as a result of they concern for his or her lives in Nicaragua, he mentioned. His information say solely that his case is pending.

DHS mentioned Hernandez appealed a deportation order in January 2025 and he can't be eliminated now as a result of it may violate his due course of rights.

The Dominican who turned a father whereas in detention Yashael Almonte Mejia has been detained eight months for the reason that authorities sought dismissal of his asylum case in Could 2025, mentioned his aunt, Judith Mejia Lanfranco.

Since then, he has been transferred from a detention heart in Florida to Texas to New Mexico.

In November, Almonte married his pregnant American girlfriend by way of a video name and have become the daddy of a daughter he hasn’t seen in individual. He was unable to attend the funeral of his sister who died in November.

“He has gone by way of melancholy. He has been very dangerous,” his aunt mentioned. “He's determined and he doesn’t even know what’s going to occur.”

Almonte, 29, got here to the U.S. in 2024 and instructed authorities he can not return to the Dominican Republic as a result of he fears for his life. In January, he handed his preliminary asylum screening interview.

DHS didn't touch upon Almonte.

A Mexican man detained for a 12 months Some detainees are discovering reduction in federal courtroom.

A Mexican man detained in October 2024 in Florida was held for a 12 months regardless that he received a safety beneath the U.N. torture conference in March 2025.

“Time was passing and I used to be determined, afraid that they'd ship me to a different nation,” the 38-year-old mentioned.

“I didn’t know what was going to occur to me,” he mentioned, noting that immigration officers weren’t giving him any solutions.

DHS couldn't touch upon the Mexican man as a result of he shared his story on situation of anonymity out of concern that it may harm his case.

The person mentioned he had lived illegally in the USA from age 10 till he was deported. In Mexico, he ran his personal enterprise, however in 2023 determined to return and illegally crossed the border into the USA. He mentioned he was searching for security after being threatened by drug cartels who demanded month-to-month funds.

He was taking antidepressants when he discovered an lawyer who filed a petition in federal courtroom alleging he was being held illegally. He was freed in October 2025, seven months after a decide ordered his launch.

However for Hernandez, the Nicaraguan asylum-seeker, desperation led him to request to be returned to the nation he had fled.

“I’ve skilled a variety of trauma. It’s very troublesome,” Hernandez mentioned from Fort Bliss. “I’m at all times fascinated with after I’m going to get out.”

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The story has been up to date to appropriate the spelling of Sui Chung’s final title, from Cheng.

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