A record number of immigrants in U.S. detention are choosing voluntary departure, as opportunities to remain in the country through the courts shrink under the Trump administration’s stricter immigration policies.
Last year, 28% of completed removal cases for detained immigrants ended in voluntary departure, according to a CBS News analysis of decades of court records — the highest share on record. That proportion has continued to rise, reaching 38% in December 2025. These figures exclude immigrants who were never given a hearing, such as those in expedited removal proceedings.
For many detainees, the decision to leave reflects exhaustion and limited hope of securing release or a favorable court ruling. Vilma Palacios, 22, returned voluntarily to Honduras in late December after six months in detention in Basile, Louisiana. She described the experience as emotionally overwhelming, including isolation from family and restricted freedom of movement.
“I didn’t see that I had any other option but to say, ‘just please give me my freedom back,’” Palacios said. She added that she had tried to provide medical care to fellow detainees, but staff restricted her efforts, delaying treatment for others in need.
Palacios, who had lived in the U.S. since age six, was arrested after bringing her car for a routine inspection shortly after graduating from nursing school. Though she maintained her immigration attorney had been assisting her with legal status paperwork, ICE detained her, citing that she had not obtained legal status. During her detention, Palacios’ request for a bond was denied.
Court data show detainees faced significantly lower chances of bond in 2025, with only 30% of requests approved compared to 59% in 2024. Mandatory detention policies expanded by the Trump administration limit judges’ discretion, requiring nearly all unauthorized entrants to remain in custody. A California judge recently ruled that such sweeping use of mandatory detention is unlawful, but guidance from the chief immigration judge indicated the ruling is not binding nationwide.
Legal experts say the high voluntary departure rates reflect both systemic and individual pressures. “People have no hope,” said Jen Grant, supervising attorney at the Legal Aid Society in New York. “They see others’ cases denied, bond requests rejected, and conclude that leaving voluntarily is the only path to freedom.”
Some detainees turn to federal habeas corpus petitions, which can compel a judge to review the legality of detention, but not everyone has the resources to pursue this route. Others fear prolonged detention or being sent to a country other than their home nation, as in the case of U.G., a Mexican immigrant detained for 13 months.
Palacios was flown to Honduras in handcuffs with additional chains on her waist and feet, a process she described as inhumane. Despite her removal, she remains determined to return to the U.S. and pursue her nursing career, volunteering in her local community while planning her next steps.
Immigration court data show a sharp decline in asylum approvals, dropping from more than 50% between 2022 and 2024 to just 29% by December 2025. DHS has also asked judges to send asylum seekers to third countries in recent months, further limiting options.
Attorneys say the combined impact of overcrowded detention centers, stricter policies, and low success rates in bond or asylum requests has created an environment where voluntary departures are increasingly seen as the only practical choice for detainees.
