A growing number of U.S. immigrants are abandoning legal proceedings and choosing to leave the country, with many being held in detention centers. It comes amid a surge in voluntary departures under the Trump administration.Court data obtained by the Vera Institute of Justice shows that between January 2025 and March this year, immigration judges issued more than 80,000 “voluntary departure” orders. The data has been shared with The Washington Post. The current figures are a significant rise compared to the previous government, when around 11,400 people took the option during a similar period.Voluntary departure allows immigrants to leave the United States 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 requirements to remain in the country, including asylum claims.Data shows that more than 70% of people granted voluntary departure under the Trump administration were in immigration detention at the time of the request. That’s a higher rate than under former President Joe Biden, when most people were released from custody.The Trump administration has promoted voluntary departure, an option that MAGA officials have promoted in detention centers and online as part of a crackdown on immigration.Voluntary departure is a long-standing legal option for people who are unlikely to succeed in immigration court. Applicants must generally demonstrate good moral character, have no serious criminal record, and agree to leave at their own expense within a specified period.The U.S. Department of Homeland Security (DHS) did not directly address the rising numbers but said the government was enforcing immigration laws more strictly. The department said in a statement: “Biden and [then-Homeland Security Secretary Alejandro Mayorkas] “Recklessly releasing millions of unvetted illegal aliens into American communities, and they abused numerous loopholes to do so,” he said, adding that Trump officials were now enforcing the law “as it is actually written.”During the second half of the Biden administration, judges issued about 750 voluntary departure orders each month. That number began climbing to more than 6,000 in a month following immigration enforcement raids after Donald Trump returned to office.Many immigrants are now being held for months while awaiting hearings, and even fewer are being released on bail.Immigration experts say the policy shift has changed the way people experience the system.“It’s clear that this trend has increased, with more detainees seeking voluntary departure as an alternative to continued detention,” said Ariel Ruiz Soto of the Migration Policy Institute.Some migrants describe poor conditions and long periods of detention as reasons for leaving.
- A 33-year-old man from the Middle East who was detained after crossing the U.S.-Mexico border in 2024 reportedly suffered panic attacks and worsened his mental health while in custody. He left after several months in detention because he had no criminal record and claimed religious persecution. “He told me: ‘Look, I’m going to die here anyway. I’d rather die in my country than go to a place where I’m going to die,'” his brother said, adding, “‘I can’t live without freedom.'”
- Another case involves Roman Husar, a Ukrainian artist who arrived in the United States with his family under a Biden-era sponsorship program. After being denied immigration detention and a bail hearing, he chose to leave voluntarily. “No one is granted asylum in Texas. No one,” he said. “People, they were denied, denied, denied.” His lawyer later said: “This voluntary departure was not voluntary,” she said. “It was coerced.”
States with the highest number of cases include Texas, Louisiana, Florida, Georgia and California, which together have tens of thousands of cases.
