Migrants Face Prolonged Detention and Dire Conditions in U.S. Holding Facilities

The number of people in ICE detention has topped 70,000, with many held for months without seeing a judge

Published on Feb. 9, 2026

Got story updates? Submit your updates here. ›

The number of migrants in Immigration and Customs Enforcement (ICE) detention centers has reached a record high of over 70,000, with many being held for prolonged periods of time in poor conditions. Detainees have reported issues like worms in their food, non-functioning toilets, and overflowing sewage. Some, like Nicaraguan asylum-seeker Felipe Hernandez Espinosa, have been detained for nearly seven months without seeing a judge, despite requesting to be deported. The Trump administration is offering voluntary departure incentives, but many are told they cannot leave until their cases are heard in court, leading some to give up on staying in the U.S. altogether.

Why it matters

The surge in ICE detentions and prolonged holding times raise concerns about the treatment of migrants and the backlog in the immigration court system. Advocates argue the conditions in some facilities are inhumane and violate detainees' rights, while the government maintains it is following the law. The issue highlights the ongoing political debate over immigration enforcement and the balance between security and compassion.

The details

Migrants like Hernandez have reported dire conditions in ICE detention centers, including insects, non-functioning toilets, and poor food quality. Many have been held for months without seeing an immigration judge, despite requesting deportation. The Trump administration is offering voluntary departure incentives, but detainees say they are not allowed to leave until their cases are heard. Advocates argue the prolonged detention violates a 2001 Supreme Court ruling that capped reasonable detention at six months.

  • Hernandez has been detained at the Fort Bliss facility in Texas for the past five months.
  • Hernandez's initial hearing was scheduled for February 26, 2026, nearly seven months after his detention began.
  • In January 2026, there were 7,252 people who had been in ICE custody for at least six months, more than double the 2,849 in December 2024.

The players

Felipe Hernandez Espinosa

A 34-year-old Nicaraguan asylum-seeker who has been detained for nearly seven months without seeing a judge.

Immigration and Customs Enforcement (ICE)

The federal agency responsible for immigration detention and enforcement.

Donald Trump

The former U.S. president whose administration implemented policies leading to increased immigration detention.

Ana Alicia Huerta

A senior attorney at the California Collaborative for Immigrant Justice who provides free legal advice to detainees.

Sui Chung

The executive director of Americans for Immigrant Justice, an advocacy group.

Got photos? Submit your photos here. ›

What they’re saying

“I came to this country thinking they would help me, and I've been detained for six months without having committed a crime. It is been too long. I am desperate.”

— Felipe Hernandez Espinosa

“All are telling me: 'I don't understand why I'm here. I'm ready to be deported.'”

— Ana Alicia Huerta, Senior Attorney, California Collaborative for Immigrant Justice

“The conditions are so poor and so bad that people say, 'I'm going to give up'.”

— Sui Chung, Executive Director, Americans for Immigrant Justice

What’s next

The judge in Hernandez's case will decide on Tuesday whether or not to allow him to be released on bail.

The takeaway

This crisis highlights the need for reform in the immigration detention system, with concerns over the prolonged detention of migrants in poor conditions and the backlog in the immigration court system. It raises questions about balancing security and compassion in immigration enforcement.