Immigrants in the United States are increasingly abandoning their legal cases and choosing to leave the country, often while held in detention centers. This trend coincides with a surge in voluntary departures under the Trump administration.
Rise in Voluntary Departure Orders
Court data obtained by the Vera Institute of Justice and shared with The Washington Post reveals that immigration judges issued over 80,000 voluntary departure orders between January 2025 and March 2025. This marks a significant increase compared to the previous administration, when approximately 11,400 individuals selected this option over a similar timeframe.
Voluntary departure allows immigrants to leave the United States without a formal deportation order, which can sometimes facilitate legal reentry in the future. However, it requires giving up any ongoing claims to remain in the country, including asylum applications.
Detention and Coercion
According to the data, more than 70 percent of those granted voluntary departure under the Trump administration were in immigration detention at the time of their request. This proportion is higher than under former President Joe Biden, when most departures occurred from outside custody. The Trump administration has promoted voluntary departure as part of its immigration crackdown, with officials advertising the option in detention centers and online.
Voluntary departure is a longstanding legal option for individuals unlikely to prevail in immigration court. Applicants must typically demonstrate good moral character, lack a serious criminal record, and agree to leave by a specified deadline at their own expense.
Government Response
The Department of Homeland Security (DHS) did not directly address the increase in numbers but stated that the administration is enforcing immigration laws more strictly. In a statement, the department said: “Biden and [then-Homeland Security Secretary Alejandro Mayorkas] recklessly unleashed millions of unvetted illegal aliens into American communities — and they abused many loopholes to do so,” adding that Trump officials are now enforcing the law “as it was actually written.”
During the latter half of the Biden administration, judges issued around 750 voluntary departure orders per month. After Donald Trump returned to office, that number climbed to over 6,000 in a single month following immigration enforcement raids.
Impact on Immigrants
Many immigrants are now held for months while awaiting hearings, with fewer being released on bond. Migration experts note that the policy shift has altered how individuals experience the system. Ariel Ruiz Soto of the Migration Policy Institute said: “It’s pretty clear that the trend has increased, that more people in detention are seeking voluntary departure as an alternative to staying in detention.”
Some immigrants cite harsh conditions and prolonged custody as reasons for leaving. A 33-year-old man from the Middle East, detained after crossing the US-Mexico border in 2024, reportedly suffered panic attacks and deteriorating mental health in detention. With no criminal record and a claim of religious persecution, he chose to leave after months in custody. His brother said: “He told me: ‘Look, I am dying here anyway. I’d rather die in my country instead of going to a place where I’m going to die,’” adding, “I cannot live without freedom.”
Another case involved Roman Husar, a Ukrainian artist who arrived in the US with his family under a Biden-era sponsorship program. After immigration detention and a denied bond hearing, he opted for voluntary departure. “Nobody gets asylum here in Texas. Nobody,” he said. “People, they are denied, denied, denied.” His lawyer later commented: “This type of voluntary departure is not voluntary. It’s coerced.”
Geographic Distribution
States with the highest numbers of voluntary departure orders include Texas, Louisiana, Florida, Georgia, and California, which together account for tens of thousands of cases.
