Immigration and Customs Enforcement made the most immigrant arrests in a single day in its history Tuesday, detaining more than 2,200 people, according to a source familiar with the arrests and an ICE spokesperson who confirmed the numbers, as the agency responds to pressure from the White House to rapidly and dramatically increase arrests.
Hundreds of the people who were arrested had been enrolled in ICE’s Alternative to Detention (ATD) program, three sources familiar with the arrests said. Under the program, ICE releases undocumented immigrants who are deemed not to be threats to public safety and then keeps track of them through ankle monitors, smartphone apps or other geolocating programs, along with periodic check-ins at ICE facilities.
At least some of the arrests appear to be the result of a new ICE tactic: Immigration attorneys across the country told NBC News that some of their clients on ATD were asked in a mass text message ICE sent out to show up ahead of schedule for check-ins at ICE offices, only to be arrested when they arrived.
An NBC News reporter saw seven people who had come for check-ins at a New York City ICE office Wednesday being led out in cuffs and put into unmarked cars. One, a 30-year-old Colombian man, was followed close behind by his wife, who was sobbing loudly, and his daughter, who tried to chase after him as law enforcement agents in masks led him and two other men in handcuffs into waiting vehicles.
Margaret Cargioli, the directing attorney at the Immigrant Defenders Law Center, who represents the family, told reporters afterward that the man had gone “to every single [ICE] appointment. He was, you know, very cooperative with all of the requirements that were made of him.”
Veronica Navarrete was waiting outside the immigration office for a friend, an asylum-seeker from Ecuador, who had been told to report to the office Wednesday. She told NBC News she had seen immigrants pacing outside the building all day, some of them seeming to her to be contemplating whether to show up for their appointments at all.
“If you enter, there’s a possibility that they’ll take you into custody,” she said. “And if you don’t enter, you’ve missed your appointment, and that’s automatic deportation. We have no way out.”
About the arrests of immigrants with ankle monitors who were reporting for appointments, the ICE spokesperson said, “Those arrested had executable final orders of removal by an immigration judge and had not complied with that order.”
Asked for clarification, as multiple lawyers who have spoken with NBC News said their clients did not have final orders of removal, the spokesperson reiterated, “those arrested had executable final orders of removal by an immigration judge and had not complied with that order.”
The White House deputy chief of staff for policy, Stephen Miller, threatened in a meeting with ICE leadership last month to
fire senior officials if the agency does not start making 3,000 arrests per day, according to two sources who spoke to attendees.
President Donald Trump has promised to deport “millions,” while his border “czar,” Tom Homan, has said the administration will focus on deporting the “worst of the worst.” But former ICE officials say it will not be possible for ICE to hit the numbers Trump that has talked about and that it is under increasing demands to reach quickly while it focuses only on people with criminal histories.
As of late last month, more than 20,000 ankle monitors were in use by ICE, according to ICE data. According to the same data, 98.5% of people on ATD appear for their check-ins, making them easy targets as ICE moves to increase its arrest numbers.
“[With] mass arresting of people on Alternatives to Detention or at their ICE check ins or at immigration court hearings, the dragnet is so wide that there’s no possible valid argument that could be made that these individuals are all dangerous,” said Atenas Burrola Estrada, an attorney with the Amica Center for Immigrant Rights.
Greg Chen, the senior director of government relations for the American Immigration Lawyers Association, said he is hearing that more immigrant clients are afraid to show up in court or at check-ins out of fear they will be arrested.
“People are now increasingly afraid and intimidated because of the way that ICE is executing these kinds of enforcement priorities on such a widespread, indiscriminate and mass scale.” Chen said.
NBC News has reported that ICE has boosted its manpower by drawing on over 5,000 employees from other federal law enforcement agencies to increase arrests as part of a new nationwide crackdown.
But not every arrest leads to a deportation. Particularly when immigrants have pending asylum claims or appeals, they may not be able to be deported until their cases are heard by immigration judges.
“ICE arresting people already on Alternatives to Detention is bureaucratic theater,” said Jason Houser, who was chief of staff at ICE during the Biden administration. “These individuals are vetted, complying and are in custody supervision and often have legal status.”
