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Home Immigration

U.S. Immigration Courts See Sharp Increase in Voluntary Departure, Data Shows

Maria Cruz by Maria Cruz
May 13, 2026
in Immigration, Trump Administration, U.S. and Canada
U.S. Immigration Courts See Sharp Increase in Voluntary Departure, Data Shows
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Immigration courts in the United States are recording a sharp rise in voluntary departure decisions, as increasing numbers of migrants in removal proceedings opt to leave the country rather than continue pursuing legal claims, according to data analyzed by the Vera Institute of Justice.

Court figures show that voluntary departures have surged from roughly 750–800 cases per month at the end of the Biden administration to more than 8,800 in February 2026, with more than 80,000 such orders issued between January and March of this year. The increase represents a more than sevenfold rise compared with the final months of the previous administration.

The data indicate that a large share of those choosing voluntary departure are individuals held in federal immigration detention. Researchers found that over 70% of recent voluntary departures involved detainees, a trend attributed to prolonged detention periods and limited access to bond hearings in some cases.

Jacquelyn Pavilon, one of the researchers involved in the analysis, noted that the pattern is widespread, stating that in “three-quarters of U.S. states and territories, the number of voluntary departure decisions increased more than fivefold since the end of Biden’s term.” She also emphasized that voluntary departure does not necessarily indicate a lack of legal standing, adding that many individuals may still have potential avenues for relief.

The reports further show differences in outcomes depending on judicial assignment and detention status. Newly appointed immigration judges were found to grant voluntary departure at higher rates, while detained cases were more likely to end in orders requiring removal from the United States.

The Vera Institute of Justice obtained the data through Freedom of Information Act requests from the Executive Office for Immigration Review, which oversees the nation’s immigration courts.

Tags: Asylum CasesDeportationICE DetentionImmigrationU.S. Immigration CourtsVoluntary Departure

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