Detained Immigrants Opt for Voluntary Departures as Pathways to Freedom Narrow

Record numbers of detainees are giving up their cases and leaving the U.S. voluntarily as immigration courts become increasingly restrictive.

Published on Feb. 12, 2026

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As pathways to freedom have narrowed in immigration courts across the United States, a record number of detainees are giving up their cases and voluntarily leaving the country. Last year, 28% of completed immigration removal cases among those in detention ended in voluntary departure, a higher share than in any year prior, a CBS News analysis of decades of court records found. The percentage of voluntary departures among those detained grew nearly every month of 2025, reaching 38% in December.

Why it matters

The rise in voluntary departures highlights the growing challenges faced by immigrants in detention, as the Trump administration's crackdown on immigration has led to more restrictive policies and a sharp decline in asylum grant rates. With fewer options for release and a lower chance of winning their cases, many detainees are opting to give up and return to their home countries, even if it means leaving behind the lives they've built in the U.S.

The details

Vilma Palacios, a 22-year-old nursing school graduate, is one of the thousands who have chosen voluntary departure after being detained by ICE. Palacios, who had been in the U.S. since age 6, was arrested at a local police station last June, a month after graduating from Louisiana State University. Despite having no criminal record and previously pursuing an asylum case, Palacios was denied bond and spent six months in detention, which she described as emotionally exhausting. 'Everything was taken from me, like being ripped apart from every person that I loved,' she said. After being denied release, Palacios ultimately agreed to return to Honduras, where she is now rebuilding her life.

  • In 2025, the percentage of voluntary departures among detained immigrants grew nearly every month, reaching 38% in December.
  • Last year, 28% of completed immigration removal cases among those in detention ended in voluntary departure, a higher share than in any year prior.

The players

Vilma Palacios

A 22-year-old nursing school graduate who was detained by ICE in Louisiana for six months before agreeing to voluntarily return to Honduras.

Department of Homeland Security

The federal agency that oversees immigration enforcement, including the detention of undocumented immigrants.

Jen Grant

A supervising attorney at the Legal Aid Society in New York who has observed the worsening conditions in immigration detention centers.

Christopher Kinnison

An immigration lawyer in Louisiana who has been working in the field for 15 years.

U.G.

An immigrant who asked to be identified only by her initials as she is still seeking legal pathways to appeal her deportation.

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What they’re saying

“It's set up for every individual who is detained to get to the point where they're just emotionally drained and exhausted through it all of the way that we're being treated, to just say, 'OK, all I want is my freedom.'”

— Vilma Palacios (CBS News)

“The conditions in the detention centers have never ever been worse because they're so overcrowded.”

— Jen Grant, Supervising Attorney, Legal Aid Society in New York (CBS News)

“They believe that the likelihood of them winning their case is so much lower than it ever used to be.”

— Christopher Kinnison, Immigration Lawyer (CBS News)

“People have no hope. It's from seeing other people in court who fight their cases, who get their cases denied, who have bond hearings … and then they get denied.”

— Jen Grant, Supervising Attorney, Legal Aid Society in New York (CBS News)

“It's something that I feel like it's very inhumane, the way that we are shackled and brought to our country. It doesn't seem like it's a voluntary departure. It seemed that you're still being held as a criminal, kind of like a hostage.”

— Vilma Palacios (CBS News)

What’s next

Palacios did not appeal her case after being sent back to Honduras, but she tells CBS News she hasn't given up hope of returning to the U.S. one day. 'My goal and dream is still to be a nurse in the United States,' she said.

The takeaway

The rise in voluntary departures among detained immigrants highlights the growing challenges they face in the current immigration system, as restrictive policies and a decline in asylum approvals have left many feeling they have no choice but to give up their cases and return to their home countries, even if it means leaving behind the lives they've built in the U.S.