Family detention: what are the centers like and who is at risk?

Family detention centers have long been a controversial element of U.S. immigration policy. While previous administrations, including those of George W. Bush and Barack Obama, used these facilities to hold migrant families, the first Donald Trump administration expanded their use in an effort to deter migration. After being greatly curtailed under President Joe Biden, family detention has now been reinstated under Trump’s second term, reigniting debates over the treatment of migrant children and families.

History of family detention in the United States

The modern practice of family detention began under George W. Bush, who opened the first large-scale family detention center in Texas in the early 2000s. Prior to that, families were often released into the U.S. pending immigration proceedings. The Obama administration dramatically expanded detention in response to the 2014 influx of Central American migrants, including thousands of asylum-seeking families.

During Trump’s first term, family detention became the cornerstone of his anti-immigration offensive. In addition to detaining families, his administration implemented the widely condemned policy of forcibly separating children from their parents at the border. Images of children held in cage-like enclosures sparked public outrage, leading to a court-ordered halt to the separations in 2018. However, by then, more than 4,600 children had been separated from their parents and, to this day, the whereabouts of hundreds remain unknown.

When Biden took office, he significantly reduced the use of family detention, and converted some facilities to adult-only detention centers and releasing many families into alternative programs. However, he considered reinstating family detention in 2023, at a time when the number of border crossings was at a record high, though he eventually abandoned the idea due to public and political opposition.

Now, Trump has revived the policy, opening detention centers in Karnes and Dilley, Texas, to hold families once again. The move aligns with his broader immigration agenda of mass deportations and strict border enforcement, which has drawn strong criticism from human rights groups.

What are the family detention centers like?

Currently, DHS has reopened two main family detention centers, both in Texas:

• Karnes County Residential Center (Karnes City, Texas) - 530 person capacity.
• South Texas Family Residential Center (Dilley, Texas) - The largest facility, with a capacity of 2,400.

Combined, these centers can hold nearly 3,800 people. Managed by private prison companies with contracts with Immigration and Customs Enforcement (ICE), the centers have been described by critics as “baby jails” because of their restrictive environments.

Although DHS insists that these centers offer a safe and controlled environment with classrooms, recreational spaces, and medical care, numerous reports have detailed harsh conditions. In previous years, detainees have reported inadequate medical care, mistreatment and psychological trauma inflicted on children due to prolonged detention. The facilities, surrounded by fences and under constant surveillance, are more akin to prisons than residential centers.

Children, in particular, suffer significant harm from detention. Studies have shown that even short stays can lead to long-term psychological disorders, such as anxiety, depression and post-traumatic stress disorder. In some cases, children have died after developing illnesses in detention, such as the one-year-old girl who died shortly after being released from the Dilley facility in 2018.

Who is at risk of detention?

Families currently detained at Karnes and Dilley include migrants from Colombia, Romania, Iran, Angola, Russia, Armenia, Turkey, and Brazil. Some were apprehended crossing the U.S.-Mexico or U.S.-Canada borders, while others were arrested in recent immigration raids across the country. Some of these individuals had been living in the United States for up to 10 years before being detained. Under Trump’s reinstated policy, the following groups are at risk of being detained in family detention centers:

• Asylum seekers: Families seeking protection from violence and persecution may be detained while their cases are processed.
• Undocumented families: Parents and children living in the United States without legal status may be detained and deported.
• Migrant families subject to expedited removal: Some families may be deported quickly without a court hearing unless they qualify for asylum.
• Individuals with prior deportation orders: Families who re-enter the United States after a prior removal order may face immediate deportation.

Trump administration officials have stated that detained families have final orders of removal and are in the U.S. illegally. DHS Secretary Kristi Noem has defended the policy, arguing that families who do not want to be detained should “self-deport” to avoid being taken into custody.

Flores Settlement Agreement

The Flores Settlement Agreement, established in 1997, sets legal standards for the detention of immigrant children. It requires that children be housed in the “least restrictive” setting and released as soon as possible to their parents, guardians or authorized caregivers. A 2016 federal ruling extended Flores protections to children detained with their families, limiting their time in custody to no more than 20 days.

Trump’s renewed use of family detention raises concerns that his administration may attempt to challenge or circumvent the Flores Agreement to allow for longer detentions. While a court order currently prohibits Trump from reviving his family separation policy, some advocates fear that extended detentions could be a step toward reinstating separations in another form.

Migrant advocacy groups have opposed the policy, calling it “inhumane, unjust and unnecessary.” Setareh Ghandehari, advocacy director of Detention Watch Network, has condemned the practice, saying that detaining children “deliberately places them in harmful conditions” and deprives parents of their ability to care for them in an enriching environment.