Voluntary Departures by Detained Immigrants Reach Record High

A growing number of detained immigrants in the U.S. are choosing to voluntarily leave the country instead of continuing their immigration cases, according to an analysis of immigration court records.

Data reviewed by CBS News shows that 28% of completed immigration cases involving detainees ended with voluntary departure in 2024, the highest share recorded in decades of court data.

The trend accelerated through 2025, with the share rising to 38% in December, indicating more detainees are giving up their legal fights and leaving the U.S. on their own terms.

What “Voluntary Departure” Means

Voluntary departure allows immigrants to leave the U.S. without receiving a formal deportation order.

For many detainees, this option has several advantages:

• Avoiding a permanent removal order on their immigration record
• Potentially making it easier to apply for legal entry in the future
• Leaving detention faster rather than waiting months or years for court decisions

But it also means abandoning the opportunity to fight their case in immigration court.

Why More Detainees Are Choosing to Leave

Advocates and immigration lawyers say several factors are pushing detainees toward voluntary departure.

Detention conditions and long waits

Immigration cases can take months or years to resolve, and many detainees remain in custody during that time.

Lower expectations of winning cases

Changes in enforcement policies and court outcomes have reduced detainees’ optimism about winning asylum or other relief.

Rising detention levels

The number of people held in Immigration and Customs Enforcement (ICE) custody has surged, surpassing 70,000 detainees — the highest level in the agency’s history.

As detention numbers grow, more immigrants appear willing to leave voluntarily rather than remain detained.

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A Shift in Immigration Outcomes

Historically, voluntary departures accounted for a smaller portion of immigration court outcomes.

But the recent increase signals a significant shift in how detainees respond to the legal system.

Instead of pursuing lengthy legal battles, many are opting to exit the country earlier.

Immigration experts say the trend reflects a system where detention, legal uncertainty, and long processing times are shaping decisions made by migrants in custody.

Bottom Line

The share of detained immigrants choosing voluntary departure has reached record levels in recent years, according to court data.

With detention numbers rising and legal pathways narrowing, more migrants are deciding to leave the U.S. voluntarily rather than continue fighting their cases in court.

The trend highlights how enforcement policies, detention conditions, and immigration court backlogs are influencing decisions within the U.S. immigration system.