ICE Non-Detained Docket Reaches 7.3 Million, More Than Triple Since FY2016
Summary
ICE's Non-Detained Docket (NDD) has grown to 7.3 million individuals as of February 26, 2026, representing a more than threefold increase from 2.2 million in FY2016. This growth was driven primarily by elevated U.S. Border Patrol encounters averaging 1.9 million annually from FY2021 through FY2024. The NDD includes aliens at any stage of removal proceedings who are subject to supervision, check-in requirements, and court appearances but are not detained. As of March 2026, roughly 72,000 aliens have utilized CBP's incentive-based voluntary departure program, contributing to a recent decline in the NDD population.
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The Congressional Research Service is the policy research arm of the US Library of Congress. CRS reports brief Members of Congress on every legislative and policy issue from tax policy to constitutional law to defense procurement. EveryCRSReport.com is the open mirror that publishes each report as it leaves the Library, since CRS itself does not publish to the public. Around 55 reports a month. CRS reports are written for non-specialist readers, are heavily footnoted, and carry institutional weight on Capitol Hill, which makes them high-quality primary briefings on emerging policy. Watch this if you advise on federal policy, write legal briefs that cite Congressional intent, or follow circuit splits and constitutional cases. Recent: a corporate tax rate analysis, a Supreme Court FERPA decision review, March 2026 circuit splits.
What changed
This CRS report provides comprehensive background on ICE's Non-Detained Docket (NDD), explaining its legal basis under the Immigration and Nationality Act, who falls under it, and population trends. The NDD population of 7.3 million includes aliens released following custody determinations, those incarcerated in other facilities, individuals with final removal orders awaiting repatriation, and fugitives. The report notes NDD growth driven by high USBP encounters from FY2021-FY2024 and recent declines attributed to increased ICE enforcement actions and voluntary departures.\n\nThe report serves as informational context for immigration attorneys, advocacy organizations, and policymakers monitoring ICE enforcement practices. It does not create new compliance obligations but provides operational details about Alternatives to Detention (180,000 enrolled) and CBP's voluntary departure program (approximately 72,000 users as of March 2026).
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