Newly released data reveals a significant decrease in Immigration and Customs Enforcement (ICE) detainers issued during the Biden administration's initial months, reflecting a broader decline in interior immigration enforcement. ICE detainers, requests to other law enforcement agencies to hold individuals suspected of immigration violations until ICE can assume custody, have been a focal point in the "sanctuary city" debate.

ICE emphasizes the importance of detainers in maintaining public safety by facilitating the apprehension of individuals with criminal records. However, data from the Transactional Records Access Clearinghouse (TRAC) at Syracuse University indicates a substantial drop in detainer usage under the Biden administration. From approximately 10,000 per month at the close of the Trump administration (after peaking at around 15,000 monthly in 2018), the number plummeted to below 3,000 in early 2021, briefly reaching 2,200 in March before rising to just under 4,000 by September of the same year.

TRAC highlights that the number of detainers issued, while not directly equivalent to the number of individuals transferred to ICE custody, serves as a gauge of interior enforcement activity. Historically, detainer usage peaked under the Obama administration, with around 300,000 issued in fiscal year 2010. This figure declined to under 100,000 by fiscal 2015, then rose to a peak of 175,000 annually under the Trump administration. TRAC's data shows fewer than 75,000 detainers issued in fiscal 2021.

This sharp decrease coincided with the Biden administration's implementation of stricter ICE priorities, focusing on recent border crossers, national security threats, and public safety risks. Other measures, such as limiting ICE arrest locations, were also introduced. This strategic shift, contrasting with the Trump administration's broader approach, corresponded with a significant decline in deportations, falling from 185,884 in fiscal 2020 to 59,011 in fiscal 2021. Deportations saw a slight increase to 72,177 in fiscal 2022, with the majority involving individuals apprehended by Customs and Border Protection (CBP). For those arrested by ICE, deportations decreased from 62,739 in fiscal 2020 to 28,204 in fiscal 2022.

Homeland Security Secretary Alejandro Mayorkas has praised this change, emphasizing the departure from prior enforcement practices. While legal challenges to the ICE priorities arose, the Supreme Court recently ruled in favor of the Biden administration, affirming its authority in this area. Mayorkas welcomed the decision, indicating the intention to reinstate the guidelines to concentrate resources on individuals deemed threats to national security, public safety, and border security.