ICE Under Trump, Biden and Obama
This page does not by any means comprehensively document the various moral failings or crimes of the U.S. Immigration & Customs Enforcement service, colloquially known as ICE. For example, we do not discuss ICE interfering with the stage 4 cancer treatment of children or deporting children undergoing cancer treatment (something that never happened under competent and civil presidents). This page simply looks quantitatively at what we can determine now (end of January 2026) about ICE’s behaviour.
This page was made in response to a post on social media spreading misinformation. You can read the text of the original post and a breakdown of how to spot such things here. If you find work like this useful, please subscribe here.
Executive Summary
- In-custody deaths up by 180%+
- Average number of people detained up by 80%+
- Death rate per capita of those in custody up 57%
- Solitary confinement, depending on the metric, increased by 200% to 600%
- Facility inspections reduced by 40%
- 90%+ of staff assigned to civil rights oversight fired—from a staff of 150 to fewer than 20
- In January 2026 alone, ICE had more court-order violations than it had in all of Obama’s and Biden’s terms combined (This appears to be true, but to be absolutely sure we are still digging a little deeper.)
- Fatal shootings under Biden: zero. Under Trump: at least 9 in just one year
- Harassment of elected officials under Biden: 0. Under Trump: at least 3 elected officials illegally arrested, plus numerous additional instances of harassment and attempted intimidation
- Under Trump, the policy designating sensitive locations (i.e., hospitals, police stations, etc.) as “safe zones” has been rescinded. Not only has this policy been reversed, but it is now considered appropriate for children receiving chemotherapy to be separated from their parents when they attend hospitals
ICE Behavioral Change: Empirical Comparison
Quantitative and qualitative data comparing Immigration and Customs Enforcement conduct across the Obama administration (2009–2016), Biden administration (2021–2024), and Trump second term (January 2025–present). Data sourced from government oversight bodies, federal court filings, congressional investigations, FOIA litigation, and independent research organizations.
Methodology: All figures are drawn from named, verifiable sources cited in-line. Where official government counts diverge from independent tracking, both are noted. “Delta” columns compare Trump II against Biden-era figures unless otherwise specified. Partial-year 2025 data is annualized only where explicitly stated. Last updated: February 2026.
Σ
Summary of Key Deltas: Biden → Trump II
| Indicator | Biden End-State | Trump II (Jan 2026) | Change | Direction |
|---|---|---|---|---|
| In-custody deaths/year | 11 (FY2024) | 31–32 (FY2025) | +182–191% | ▲ Sharply worsened |
| Avg daily detention population | ~39,703 | 70,766–73,000 | +78–84% | ▲ Record high |
| Death rate per 10,000 ADP | ~2.8 | ~4.4 | +57% | ▲ Worsened even adjusted |
| Non-criminal detainee share | ~50–60% | 73.6% | +22–47% | ▲ Broader net |
| Solitary confinement growth rate | ~1–3%/mo | 6.5%/mo | +2–6× | ▲ Accelerating |
| Facility inspections | ~80/yr | Down 36.25% | −36.25% | ▼ Collapsed |
| CRCL oversight staff | 150+ | ~20 planned | −87% | ▼ Gutted |
| Court order violations | Occasional | 96/month (Jan 2026) | Unprecedented | ▲ No prior comparable |
| Fatal shootings by ICE | 0 documented | 9 incidents (5 mo.) | New category | ▲ No prior comparable |
| Elected officials arrested | 0 | 3+ officials | New category | ▲ No prior comparable |
| Sensitive locations policy | Active protections | Rescinded | Reversed | ▲ Protections removed |
| Unaccompanied minor custody duration | ~1 month | ~6 months | +500% | ▲ Sharply worsened |
| UN UPR participation | Participated | Refused | Reversed | ▲ First refusal ever |
01
Deaths in ICE Custody
ICE has been required to publish death reports within 90 days since FY2018 (per DHS Appropriations Bill). Independent counts from ACLU, The Guardian, and Wikipedia consistently exceed official ICE totals. Official counts exclude “deathbed releases” — detainees released while critically ill or dying, documented by ACLU FOIA litigation.
| Metric | Obama (2009–2016) | Biden (2021–2024) | Trump II (2025) | Δ vs Biden | Sources |
|---|---|---|---|---|---|
| ANNUAL DEATH COUNTS | |||||
| Deaths per yearOfficial ICE-reported in-custody deaths | ~7–8/yr avg FY2009: ~8–10 · FY2010: ~7 · FY2011: ~6 · FY2012: 5 · FY2013: ~8 · FY2014: ~10 · FY2015: ~6 · FY2016: 12 | ~6.5/yr avg FY2021: 5 · FY2022: 3 (historic low) · FY2023: 7 · FY2024: 11 | 31–32 Deadliest year since FY2004. Dec 2025: deadliest single month on record. Jan 1–25, 2026: 6 additional deaths (on pace to exceed 2025). | +182–191% vs FY2024 (11 deaths) | ICE Death Reports; Wikipedia Death List; Axios (Jan 2026); OPB (Oct 2025) |
| Total deaths (admin. period)Cumulative across full tenure | ~56–628 years | 264 years | 37–3813 months (through Jan 25, 2026) | +42–46% in 27% of the time | AIC Analysis; AIC: “Deadlier Than COVID” |
| Preventability rateDeaths deemed preventable with adequate medical care | Not systematically reviewed | 95% ACLU/HRW analysis of 52 deaths (FY2017–2021): 88% misdiagnoses, 79% incomplete treatment, 40% flawed emergency response | Not yet reviewed Ossoff reports document systemic medical neglect; 85 reports of medical neglect in first 10 months | — | ACLU “Deadly Failures” (2024); NIJC Medical Care Report |
| “Deathbed releases”Critically ill detainees released before death to avoid reporting | Not tracked; practice documented | Documented cases ACLU identified cases of release while hospitalized, in comas, or on ventilators | Scale unknown ICE stopped responding to FOIA requests on this topic per ACLU | Opaque Transparency declined | ACLU FOIA Litigation |
02
Detention Population & Composition
Population size contextualizes all other metrics. Sources: OHSS monthly tables, TRAC Syracuse.
| Metric | Obama (2009–2016) | Biden (2021–2024) | Trump II (2025) | Δ vs Biden | Sources |
|---|---|---|---|---|---|
| Average Daily Population (ADP)Average number of people in ICE custody on any given day | ~32,000–34,000 Congress mandated ~33,400 beds. ADP tracked close to mandate throughout. | ~14,000–39,000 Low: ~14,000 (Feb–Mar 2021, COVID). End of term: ~37,000–39,000 (late 2024). Congress raised bed mandate to 41,500. | 70,766–73,000+ Jan 2025: 39,703 (Biden handoff). By Jan 2026: 70,766–73,000. Exceeded funded bed capacity. | +78–84% vs Biden end (39,703) | OHSS ICE Detentions; TRAC Syracuse; POGO (Jan 2026) |
| % with no criminal convictionDetainees held without any criminal record | Variable Obama prioritized “felons, not families” from ~2014; prior years less selective | ~50–60% TRAC data showed majority of detainees had no criminal conviction by end of term | 73.6% July 2025 TRAC data. 2,450% increase in non-criminal detainees vs prior year. Cato: only 5% had violent convictions; ~50% had zero charges. | +22–47% share of non-criminal detainees | TRAC Syracuse; Cato Institute FY2026 leaked data analysis |
| Death rate per 10,000 ADPNormalized mortality rate accounting for population size | ~2.1–2.5 Based on ~7–8 deaths / ~33,000 ADP | ~1.5–2.8 FY2022: ~0.8 (3 deaths/~38k). FY2024: ~2.8 (11/~39k). Varies widely by year. | ~4.4–4.5 31–32 deaths / ~70,000 ADP. Highest normalized rate in over a decade. | +57–200% vs Biden range | AIC Death Toll Analysis; computed from OHSS + ICE data |
03
Solitary Confinement & Use of Force
The UN Mandela Rules define solitary confinement exceeding 15 consecutive days as torture. PHR obtained data via FOIA spanning September 2018–May 2025. See PHR “Endless Nightmare” (Mar 2025) and PHR “Cruelty Campaign” (Sep 2025).
| Metric | Obama (2009–2016) | Biden (2021–2024) | Trump II (2025) | Δ vs Biden | Sources |
|---|---|---|---|---|---|
| Solitary confinement placementsTotal individual placements in restrictive housing | Not systematically tracked FOIA data begins Sep 2018. Practice widespread but unquantified. | 14,264+ Sep 2018–Sep 2023 (125 facilities). PHR FOIA. Includes partial Trump I and all Biden through mid-2023. | 10,588 people Apr 2024–May 2025 (14 months). Monthly rate increased 6.5% under Trump II — 2× the 2018–2023 rate, 6× Biden’s final months. | +6.5%/mo growth rate; 2× prior trend | PHR “Endless Nightmare”; PHR Sep 2025 Report |
| Average durationMean days in solitary per placement | No data available | 27 days avg Median: 15 days. 682 placements ≥90 days. 42 exceeded 1 year. Longest: 759 days (Otay Mesa, CA). | ≥15 days (73%+) Nearly three-quarters of placements exceeded the UN torture threshold of 15 days. | Worsened higher share exceeding 15-day threshold | PHR (2025) |
| Mental health in solitary% of solitary placements involving people with documented mental health conditions | No data | 35% → 56% Rose from 35% (2019) to 56% (2023). Average duration: 33 days for those with serious mental illness. | Not yet published PHR awaiting updated FOIA response | — | PHR (2025) |
| Fatal shootings by ICE agentsIncidents of ICE agents firing on individuals | Rare; no systematic count | No documented incidents in available records | 9 incidents unprecedented Sep 2025–Jan 2026, across 5 states + D.C. Includes Renée Good (U.S. citizen, killed Jan 7, 2026) and Alex Pretti (U.S. citizen, shot Jan 24, 2026). Videos contradict federal accounts in multiple cases. | New category no prior comparable period | Wikipedia: Renée Good; NBC/NPR reporting; ACLU litigation filings |
04
Civil & Constitutional Rights Violations
| Metric | Obama (2009–2016) | Biden (2021–2024) | Trump II (2025–present) | Δ vs Biden | Sources |
|---|---|---|---|---|---|
| U.S. CITIZENS WRONGFULLY TARGETED | |||||
| U.S. citizens arrested by ICECitizens misidentified and detained | Part of GAO period GAO-21-487 covers FY2015–2020: 674 arrests of potential citizens across both administrations | ~70 deportations est. AIC estimates ~70 U.S. citizen deportations over most recent 5-year period. ICE does not systematically track. | Multiple documented cases Jose Hermosillo (10 days detained, AZ). Debbie Brockman (journalist, 7 hrs, Chicago). Joe Botello (detained by DHS Secretary personally). 16-year-old Bazan (chokehold, knee on back, Oct 2025). | Escalating cases include physical force on minors | Wikipedia: Citizens in Trump II; GAO-21-487 |
| COURT ORDER VIOLATIONS | |||||
| Documented court order violationsFederal court findings of ICE non-compliance | Sporadic OIG-07-28 documented Zadvydas non-compliance (2007). Individual cases litigated but no mass violation counts. | Occasional Compliance imperfect but no documented mass violations by federal courts | 96 violations in Jan 2026 alone unprecedented Judge Patrick Schiltz (GWB appointee, former Scalia clerk): “almost certainly substantially understated” as compiled “hurriedly” by “extraordinarily busy judges.” ICE described as having violated more court orders in one month than some agencies in their entire history. | ~96/mo no prior comparable rate | Federal court filing, District of Minnesota, Jan 2026; DHS OIG-07-28 (2007) |
| Mass deportation without hearingsRemovals of individuals with pending court dates who were never ordered removed | Not documented at scale | Not documented at scale | 130+ Venezuelans new March 15, 2025: ~300 deported to El Salvador. 130+ had pending hearings, never ordered removed. Kilmar Abrego Garcia — had court-ordered protection from deportation since 2019 — sent to CECOT. Govt admitted “administrative error.” | New category no prior comparable incident | Federal court records; AP/NPR reporting; Supreme Court subsequently ordered return |
| HUMAN RIGHTS ABUSE REPORTS (OSSOFF INVESTIGATION) | |||||
| Total credible abuse reportsReports received and reviewed by Sen. Ossoff’s office | No comparable investigation | No comparable investigation | 510 Jan 20–Aug 5, 2025 (6.5 months). From facilities in 13+ states. | N/A no baseline exists | Ossoff Aug 2025 Report; Ossoff Oct 2025 Report |
| Physical/sexual abuse reports | — | — | 41 | — | |
| Child mistreatment reportsIncluding U.S. citizen children; children as young as 2 | — | — | 18 | — | |
| Pregnant women mistreatment reports | — | — | 14Includes women forced to sleep on floors due to overcrowding; one returned to detention 1 day after miscarriage | — | |
| Medical neglect / denial of food/water | — | — | 85 medical neglect + 82 food/water denialOct 2025 report. 20 states + Guantánamo + Djibouti. Diabetic detainees denied insulin for days. | — | |
| GRIEVANCE SYSTEM INTEGRITY | |||||
| Grievance outcomesHow complaints filed by detainees are resolved | Not systematically published | 485+ grievances analyzed (CA facilities, 2023–2025) 71% found “unfounded” or rejected · 21% closed undecided/unknown · Only 8% (39 total) found in favor of detainee. 100+ documented retaliation for filing complaints, including solitary placement and intentional sleep deprivation. | Systemic spans administrations | ACLU NorCal Facility Reports | |
05
Oversight, Inspections & Accountability
| Metric | Obama (2009–2016) | Biden (2021–2024) | Trump II (2025–present) | Δ vs Biden | Sources |
|---|---|---|---|---|---|
| FACILITY INSPECTIONS | |||||
| Published inspection reports/yearODO and OIG combined | 23–33/yr OIG-18-67 noted 1 of 100+ facilities failed inspection (2009–2017). Inspections described as “useless” by ICE staff. | ~80/yr (biannual) FY2022–2024: 238 of 241 inspections rated “acceptable or above.” OIG unannounced inspections found deficiencies at all 12 facilities checked. | Down 36.25% Despite 78% population increase. No facility showed evidence of more than 1 inspection in 2025 (biannual mandate not met). | −36.25% inspections, while population +78% | POGO Investigation (Jan 2026); DHS OIG-18-67 (2018) |
| Inspection pass rate% of facilities passing contracted inspections | ~99%+ ICE employees: inspections “very, very, very difficult to fail” (OIG-18-67) | 98–99% 238/241 passed. But all 12 OIG unannounced checks found deficiencies — meaning the pass rate reflects inspection quality, not facility quality. | Unknown Reduced reporting; inspection body (Nakamoto Group) contract status unclear | Degraded less data available | NIJC Policy Brief (2023); AIC Oversight Overview |
| Financial penalties on contractorsMonetary consequences for contract violations | Minimal OIG-19-18: “thousands of deficiencies” → “rarely imposed financial penalties.” 96% of waivers approved (Sep 2016–Jul 2018). | 2 penalties issued Oct 2015–June 2018 (spans administrations). 65 waivers granted in same period. $3B+ in contracts. | No data published Oversight offices gutted; reporting not available | Opaque accountability mechanisms removed | DHS OIG-19-18 (Jan 2019) |
| OVERSIGHT OFFICES | |||||
| Office for Civil Rights & Civil Liberties (CRCL)DHS internal civil rights oversight | 150+ staffActive complaint investigations | 150+ staffMaintained operational capacity | ~20 staff planned gutted Staff placed on admin leave Mar 21, 2025. Budget cut from $42.9M to $10M proposed. | −87% staff reduction | Senate HSGAC Letter (Jul 2025); EPI Analysis; Federal News Network (Jan 2026) |
| Immigration Detention Ombudsman (OIDO)Independent complaint intake for detainees | Did not existCreated by Biden administration | ~100 staffNew office; operational from ~2022 | <10 staff gutted FY2026 budget: $0 (full zeroing of $28.6M budget). 600+ complaints frozen. | −90%+ staff; budget zeroed | |
| CIS OmbudsmanImmigration services complaint office | ~40 staff | ~40 staff | 5–7 staff planned gutted | −83–88% staff reduction | |
06
Extrajudicial & Improper Conduct
These categories document behavior by ICE agents and leadership that falls outside normal enforcement operations. Many of these categories had no precedent in prior administrations or existed only as isolated incidents.
| Behavior Category | Obama (2009–2016) | Biden (2021–2024) | Trump II (2025–present) | Sources |
|---|---|---|---|---|
| SENSITIVE LOCATIONS ENFORCEMENT | ||||
| Policy on churches, schools, hospitalsRestrictions on enforcement at protected locations | Formalized 2011 ICE Directive 10029.2: restrictions on enforcement at schools, churches, hospitals, protests. Largely observed. | Expanded Oct 2021 “Protected areas” policy added shelters, food banks, playgrounds, disaster relief sites. | Rescinded Jan 20–21, 2025 reversed Replacement policy (Jan 30) has “no bright line rules.” Case-by-case field discretion, no prior approval required. | DHS policy directives; ICE.gov announcements |
| Documented arrests at sensitive locations | Rare; policy in effect | Rare; expanded protections | Multiple documented Church property (Our Lady of Lourdes, Montclair CA). Parish parking lot (St. Adelaide, Highland CA). 5-year-old asylum applicant arriving home from preschool (Jan 20) — school officials said child “used as bait.” | AP, local news reporting; ACLU tracking |
| INTIMIDATION OF ELECTED OFFICIALS | ||||
| Arrests/assaults on officialsElected officials detained or physically handled by ICE | No documented cases | No documented cases | Multiple incidents unprecedented Newark Mayor Ras Baraka: arrested at ICE facility (May 2025), held for hours. NY Comptroller Brad Lander: arrested at immigration court; officer placed arm to his neck, shoved him against wall (Jun/Dec 2025). Rep. LaMonica McIver: federally indicted after Newark incident. | News reporting; federal court filings; Congressional Record |
| VIOLENCE AGAINST OBSERVERS & BYSTANDERS | ||||
| Force used against non-targetsWeapons drawn on observers, bystanders, media | No documented pattern | No documented pattern | Documented pattern new ACLU lawsuits document: weapons drawn/pointed at protesters, pepper spray and non-lethal munitions against observers. Susan Tincher (U.S. citizen): arrested, wedding ring cut off while shackled. Renée Good (U.S. citizen): killed while observing from her vehicle. | ACLU litigation filings; Renée Good case |
| FALSE ALLEGATIONS & MISCHARACTERIZATION | ||||
| False criminality claimsGovernment assertions about detainees’ criminal status that proved false | Sporadic individual cases | Not documented as pattern | Systemic pattern pattern 73.6% of detainees have no criminal conviction (TRAC). Cato: only 5% have violent convictions. Administration consistently characterizes detainees as criminals. Kilmar Abrego Garcia falsely linked to gang membership despite court-ordered protection. DHS response to all 510 Ossoff abuse reports: “every single allegation is false.” | TRAC data; Cato Institute analysis; Ossoff reports |
| INTERNATIONAL OPERATIONS | ||||
| Deportation to third countriesRemoval to countries other than country of origin | Not practiced | Not practiced | Active practice unprecedented Venezuelans deported to El Salvador. Detainees held at Guantánamo Bay and Camp Lemonnier (Djibouti) per Ossoff Oct 2025 report. Alien Enemies Act invoked — not used since WWII. | Ossoff Oct 2025; federal court records |
| CHILDREN & UNACCOMPANIED MINORS | ||||
| Unaccompanied minor custody durationAverage time children held before release | Variable Flores settlement (1997) requires release to least-restrictive setting. Compliance varied. | ~1 month avg ~95% released to family caregivers | ~6 months avg Release to families dropped from 95% to 45%. Children held in windowless cells. UN experts documented “consistent accounts of unlawful deportations of unaccompanied children.” | UN Human Rights experts; RFK Human Rights UPR submission (2025) |
07
International Human Rights & UN Engagement
| Metric | Obama (2009–2016) | Biden (2021–2024) | Trump II (2025–present) | Sources |
|---|---|---|---|---|
| UN Universal Periodic Review participation | ParticipatedEngaged with review process | ParticipatedEngaged with review process | Refused to participate first ever Nov 2025: first time since UPR creation in 2006 that U.S. refused to participate in its review. | UN Human Rights Council records; RFK Human Rights |
| International law violations documented | Critiqued UN committees raised concerns about conditions and due process | Critiqued Ongoing concerns noted in UN reports | Systematic violations RFK Human Rights coalition: use of private prisons “notorious for abuse,” invocation of Alien Enemies Act to “unilaterally detain and disappear people,” indefinite suspension of asylum. Non-refoulement violations documented by UN experts. | RFK Human Rights UPR submission (Apr 2025); UN expert statements |
Primary Sources & Methodology Notes
- Deaths data: ICE Official Death Reports (FY2018+); Wikipedia List of Deaths in ICE Detention (meticulously sourced, cross-referenced); American Immigration Council analysis; Axios (Jan 2026); OPB (Oct 2025).
- Detention population: OHSS Monthly Tables; OHSS ICE Detentions; TRAC Syracuse.
- Solitary confinement: PHR “Endless Nightmare” (March 2025); PHR “Cruelty Campaign” (September 2025).
- U.S. citizen detentions: GAO-21-487 (July 2021); TRAC data; Wikipedia aggregation.
- Congressional investigation: Senator Ossoff August 2025 Report; October 2025 Report.
- Oversight collapse: POGO Investigation (January 2026); DHS OIG-18-67 (June 2018); NIJC Policy Brief (November 2023).
- Oversight office gutting: Senate HSGAC Joint Letter (July 2025); EPI analysis; Federal News Network (January 2026).
- Court order violations: Federal court filing, Judge Patrick Schiltz, District of Minnesota, January 2026.
- Grievance system: ACLU Northern California facility reports.
- International law: RFK Human Rights coalition UN UPR submission (April 2025); UN Human Rights Council records.
- Obama-era year-by-year death estimates: Compiled from ACLU FOIA data, Human Rights Watch (July 2016), ICE reporting, and Wikipedia aggregation. Individual year figures for 2009–2015 are approximations based on available aggregate data; exact annual breakdowns vary by source.
- Cross-administration continuities noted: Medical care failures, inspection theater, and contractor impunity are documented across all three administrations. The 2025 data represents an escalation of magnitude, not an entirely new phenomenon in all categories.