A growing number of immigrants in US are abandoning their legal cases and choosing to leave the country, many while held in detention centres. This comes as voluntary departures are on a surge under Trump administration.Court data obtained by the Vera Institute of Justice shows that immigration judges issued more than 80,000 “voluntary departure” orders between January 2025 and March this year. The figures were shared with The Washington Post. The current data marks a sharp rise compared with the previous administration, when around 11,400 people chose the option over a similar period.Voluntary departure allows immigrants to leave the US without a formal deportation order. This can sometimes make it easier to return legally in the future. But it also means giving up any ongoing claim to stay in the country, including asylum applications.More than 70 per cent of those granted voluntary departure under the Trump administration were in immigration detention at the time they made the request, according to the data. That is higher proportion than under former President Joe Biden, when most people left from outside custody.Trump administration has promoted voluntary departure as part of its immigration crackdown, with MAGA officials advertising the option in detention centres and online.Voluntary departure is a long-standing legal option for people unlikely to win their cases in immigration court. Applicants must usually show good moral character, have no serious criminal record, and agree to leave within a given deadline at their own expense.The Department of Homeland Security (DHS) did not directly address the rise in numbers, but said the administration was enforcing immigration laws more strictly. In a statement, the department said: “Biden and [then-Homeland Security Secretary Alejandro Mayorkas] recklessly unleashed millions of unvetted illegal aliens into American communities — and they abused many loopholes to do so,” adding that Trump officials were now enforcing the law “as it was actually written”.During the latter half of the Biden administration, judges issued around 750 voluntary departure orders a month. After Donald Trump returned to office, that number began to climb to more than 6,000 in a single month following immigration enforcement raids.Many immigrants are now held for months while awaiting hearings, with fewer being released on bond.Migration experts say the policy shift has changed how people experience the system.“It’s pretty clear that the trend has increased, that more people in detention are seeking voluntary departure as an alternative to staying in detention,” said Ariel Ruiz Soto of the Migration Policy Institute.Some immigrants describe harsh conditions and long stays in custody as reasons for leaving.
- A 33-year-old man from the Middle East, detained after crossing the US-Mexico border in 2024, reportedly suffered panic attacks and deteriorating mental health in detention. With no criminal record and a claim of religious persecution, he chose to leave after months in custody. His brother said: “He told me: ‘Look, I am dying here anyway. I’d rather die in my country instead of going to a place where I’m going to die,’” adding, “‘I cannot live without freedom.’”
- Another case involved Roman Husar, a Ukrainian artist who arrived in the US with his family under a Biden-era sponsorship programme. After immigration detention and a denied bond hearing, he opted for voluntary departure. “Nobody gets asylum here in Texas. Nobody,” he said. “People, they are denied, denied, denied.” His lawyer later said: “This type of voluntary departure is not voluntary,” she said. “It’s coerced.”
States with the highest numbers include Texas, Louisiana, Florida, Georgia and California, which together account for tens of thousands of cases.
