How many detainees are currently in ICE custody? Detention total sets new record

ICE custody number has gone up to thd highest in its history, reflecting a 75% increase since January 2025.

The number of people held in US Immigration and Customs Enforcement (ICE) custody has surpassed 70,000, the highest level in the agency’s 23-year history, according to internal Department of Homeland Security data obtained by CBS News.

Immigration and Customs Enforcement (ICE) agents, including one wearing a 'NOT ICE' face covering, walk near their vehicles, in Richfield, Minnesota. (AP)

The figure reflects a sharp increase in immigration detention since President Donald Trump returned to office in January 2025. At that time, ICE was holding about 40,000 people, according to The Daily Beast. By late 2025, daily detention numbers had risen by nearly 75 percent, approaching the agency’s reported capacity nationwide.

Deaths in custody reported early in 2026

The record detention levels come as ICE has reported multiple deaths in custody at the start of the year. Five detainees have died in ICE custody during the first 15 days of 2026, according to The Daily Beast and migrant advocacy groups.

The most recent death involved a Mexican national who died at the Robert A. Deyton Detention Facility in Lovejoy, Georgia. The Mexican consulate in Atlanta said it has contacted the man’s family and requested a transparent investigation. As of mid-January, ICE had not listed the death on its public detainee-deaths webpage, according to researchers tracking the system.

ICE recorded at least 30 deaths in custody in 2025, one of the highest totals in recent years, excluding the COVID-19 period.

Detention system expands

A report released this week by the American Immigration Council shows ICE has added 104 detention facilities since early 2025, nearly doubling its network. New facilities include county jails, former prisons, temporary tent structures, and large state-run detention centers. Many facilities are operated by private contractors.

The report estimates that recent congressional funding gives ICE access to nearly $15 billion per year for detention through 2029, enough to support capacity for more than 130,000 detainees at one time.

The Council’s analysis also found a sharp rise in the number of detainees with no criminal convictions, driven by increased community arrests, worksite enforcement, and re-detentions at immigration court hearings. Since January 2025, the number of detainees without criminal records has increased more than 2,000 percent, according to the report.

At the same time, discretionary releases have declined significantly after ICE was directed to expand detention use, while recent legal rulings have limited immigration judges’ ability to grant bond in certain cases.

In a statement to The Daily Beast, the Department of Homeland Security said detainees receive medical, dental, and mental health screenings and have access to emergency care, adding that detention standards are higher than those in the broader prison system.