Detained Docket

The detained docket refers to immigration court cases where the respondent is held in ICE custody throughout their proceedings. These cases are heard in immigration courts located within or adjacent to detention facilities across the country. The detained docket operates under fundamentally different conditions than the non-detained docket, with significant implications for case outcomes.

Cases on the detained docket move much faster than non-detained cases. While a non-detained case might take 3-6 years to reach a final decision, detained cases are often resolved within weeks or months. This speed is driven by both policy (detained cases are prioritized) and practical considerations (the government bears the cost of detention, creating an incentive to resolve cases quickly).

However, the speed of detained proceedings raises serious due process concerns. Detained individuals have significantly less access to legal representation — studies show that only about 15-20% of detained respondents have attorneys, compared to roughly 60% of non-detained respondents. Detention facilities are often located in remote areas far from legal service providers, making it difficult for detainees to find counsel, gather evidence, contact witnesses, or obtain documents from their home countries.

The disparity in outcomes is stark. Represented detained individuals are far more likely to win their cases than those without counsel. Studies have consistently shown that detention reduces the likelihood of a favorable outcome, even controlling for the merits of the case.

The detained docket has grown substantially over the years as immigration detention capacity has expanded. ICE operates or contracts with over 200 detention facilities nationwide, with an average daily detained population that has ranged from 30,000 to over 50,000 in recent years.