Although Immigration and Customs Enforcement (ICE) has highlighted a rise in illegal immigrant arrests under President Donald Trump, the agency is now grappling with space limitations for detained criminal migrants.
“It’s got these lofty goals, with big numbers, and definitely not a lack of trying and a lack of effort in trying to make that a reality, but is facing practical issues,” Héctor Quirog, a specialist immigration attorney with the Quiroga Law Office in Spokane, Washington, told Fox News Digital.
“Number one, we have got problems with how many detention centers and how many beds are available,” he said. “Because, like it or not, some individuals should have a hearing, and they have to wait somewhere. So we have capacity issues.”
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ICE agents arrested seven illegal immigrants during a workforce operation raid. (U.S. Immigration and Customs Enforcement)
Since President Trump resumed office on Jan. 20, ICE has significantly intensified enforcement operations.
On Jan. 23, ICE conducted coordinated raids across major U.S. cities, resulting in the detention of 538 individuals. Subsequent operations have continued at a high pace; for instance, on Jan. 29, ICE arrested 956 individuals, marking the highest daily arrest count under the Trump administration.
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During the first month of President Trump’s second term, approximately 8,276 individuals were arrested by immigration officers.
President Donald Trump speaks in the Oval Office of the White House as he signs executive orders, March 6, 2025. (Reuters/Evelyn Hockstein)
Congress, in FY 2024, funded ICE to have 41,500 beds, costing around $3.4 billion annually.
In its December 2024 annual report, ICE stated it had “relatively static bedspace,” which “forces the agency to carefully prioritize whom it detains.”
“You do then have to have some priorities,” Quirog said. “Who do I hold and who do I release? Well, I want to hold people who have criminal records and the others will be released on ankle bracelets or be required to check in.”
“Detention and beds and who we are going to hold are practical issues the administration is going to have to face pretty quickly if you want to get to the numbers that they were promising in the campaign,” he said.
A U.S. flag blows behind a fence topped with concertina wire at Guantánamo Bay, Cuba. (Maren Hennemuth/picture alliance via Getty Images)
A Gallup poll released at the beginning of the Trump administration found that 68% of Americans predict that Trump will control illegal immigration. Just 28% of those polled said he would not.
Despite optimism, the administration has faced space constraints. An NBC News report noted that some have been let go under supervision orders, such as the use of GPS tags.
The ongoing space constraints have led officials to set up tents at the U.S. Naval Station in Guantánamo Bay. However, two U.S. defense officials told Fox News that none of the 195 beds prepared have been used to house migrants, because they do not meet ICE standards.
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As of Wednesday, only 20 migrants were being held at the base. Sixteen “high-threat illegal aliens” are being held at the detention facility part of the base, also known as Camp 6, and four migrants are being held at a back-up facility due to the inadequacy of the tents.
DHS and ICE have not responded to inquiries regarding what criteria is used to evaluate if a migrant is a high threat.
ICE is conducting flights to remove illegal immigrants from the U.S. and back to their home countries. (ICE Seattle)
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ICE has said it will require an additional $3 billion due to needing an additional 60,000 detention beds. The additional beds are driven, in part, by the passage of the Laken Riley Act, which requires the DHS to detain illegal immigrants who have been arrested for theft-related crimes.
“Since the Laken Riley Act requires ERO to immediately detain those noncitizens, ERO would then require, at minimum, 64,000 additional detention beds; however this does not account for other immigration enforcement mandates that may place a need for increased detention capacity,” a letter from ICE said, in response to questions by Rep. Mike Collins, R-Ga.
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In Congress, Republicans are preparing to make significant funding changes via the budget reconciliation process. Border security and interior enforcement would likely be top priorities for Republicans, given the issues’ prominence in the 2024 election.
Fox News Digital has reached out to ICE, DHS and the White House for comment.
Fox News’ Liz Friden and Adam Shaw contributed to this report.