Claim #008 of 365
Mostly False high confidence

The claim contains some truth but is largely inaccurate or misleading.

immigrationcatch-and-releasedetentionreleases99.9-percentpermanentlyexecutive-orderFlores-settlementbond-hearingsalternatives-to-detentionmass-detention

The Claim

Permanently ended dangerous “catch-and-release” policies nationwide by detaining illegal aliens rather than releasing them into the interior — resulting in a 99.9% decrease in illegals being released into the country during the Biden era.

The Claim, Unpacked

What is literally being asserted?

Three things: (1) That “catch-and-release” policies have been “permanently ended” nationwide; (2) that the mechanism is detaining people rather than releasing them; and (3) that this resulted in a “99.9% decrease” in releases compared to the Biden era.

What is being implied but not asserted?

That “catch-and-release” was a discrete, identifiable policy that Biden chose to implement (rather than a political label for the longstanding practice, under every modern administration, of releasing some apprehended migrants pending proceedings). That “permanently” means this cannot be reversed. That virtually no one is being released into the interior under any circumstances. That the 99.9% figure reflects a comprehensive accounting of all releases.

What is conspicuously absent?

Any definition of what “catch-and-release” actually is — it is a political term, not a legal or policy term. Any explanation of the baseline for the “99.9%” figure. Any acknowledgment that the 99.9% metric tracks only Border Patrol parole releases, not all releases into the interior. Any mention that 179,991 people are on Alternatives to Detention programs as of February 2026 — people who are, functionally, released into the interior with monitoring. Any mention that the administration itself released 461 people via catch-and-release in its first 17 days due to capacity constraints. Any discussion of the cost of mass detention ($152/day per person, $14+ billion annually). Any mention that 73.6% of the 68,289 people in ICE detention have no criminal conviction. Any acknowledgment that “permanently” is doing work that the legal mechanism cannot support.

Evidence Assessment

Established Facts

Border Patrol parole releases did drop to zero for eight consecutive months (May-December 2025). CBP confirmed zero parole releases by Border Patrol for eight straight months. In December 2025, zero people were released on parole by Border Patrol, compared to 7,041 in December 2024 under Biden. This is a real, verifiable change confirmed by government data. [^008-a1]

However, the “99.9%” figure uses a narrow metric and a cherry-picked baseline. The statistic originated in April 2025 as “99.99%,” based on the claim that only 9 people were released by Border Patrol in the first 100 days, compared to approximately 68,000 in the same period under Biden. The comparison uses the peak of Biden-era releases (January-April 2024), before Biden’s own June 2024 executive order cut releases by more than 50%. The metric tracks only one release mechanism — CBP parole releases — not all releases into the interior across all agencies. [^008-a2]

179,991 people were on ICE Alternatives to Detention programs as of February 2026. TRAC data shows 179,991 families and individuals were being monitored under ICE’s ATD programs — more than 2.6 times the number in physical detention (68,289). These people are, by definition, released into the interior with electronic monitoring or check-in requirements. The daily cost is $8 per person, compared to $152 per day for detention. If these constitute “releases into the interior,” the 99.9% figure collapses entirely. [^008-a4]

Strong Inferences

The independent data shows an approximately 88% decrease in release rates, not 99.9%. MPI documented that the share of apprehended individuals released on bond, parole, or supervision fell from 26% (October 2024) to 3% (September 2025). That is a roughly 88% decrease — a dramatic decline, but an order of magnitude less than the claimed 99.9%. This figure also captures only releases from detention, not all forms of release into the interior. [^008-a3]

The administration itself used catch-and-release in its first weeks. Axios reported on February 6, 2025 — just 17 days after inauguration — that ICE had freed 461 undocumented immigrants under catch-and-release because detention facilities were nearly full. This continued despite Trump’s Day One executive order to end the practice. [^008-a5]

“Permanently ended” is not supported by the legal mechanism. The policy change rests on three legal instruments: (1) Executive Order 14165 (January 20, 2025), which directs DHS to detain rather than release — but which any future president can rescind on Day One; (2) the Laken Riley Act (January 29, 2025), which mandates detention for immigrants charged with or convicted of certain crimes — but which does not cover all apprehended individuals; and (3) the One Big Beautiful Bill Act (July 2025), which provides $45 billion in detention funding through FY2029 — but which a future Congress could defund. The INA’s parole authority under Section 212(d)(5)(A) remains on the books. A future administration could exercise that discretion. Nothing has been “permanently” ended in a way that survives a change of administration or Congress. [^008-a6]

“Catch-and-release” is a political term, not a discrete policy that can be “ended.” Every modern administration has released some apprehended migrants pending immigration proceedings — Trump 1.0 included. The practice arises from the structural reality that detention capacity is finite and the number of people in proceedings exceeds it. The Trump administration’s approach — massively expanding detention capacity to $14 billion/year and 70,000+ beds — substitutes mass detention for release, but this is a resource allocation choice, not a permanent policy architecture. When bed funding runs out (FY2029) or capacity is exceeded, the structural incentive to release returns. [^008-a7]

The mass detention approach creates its own constitutional and legal vulnerabilities. The BIA’s Yajure-Hurtado decision (July 2025) eliminated bond hearings for most people who entered without inspection. Over 300 federal district court judges have ruled this violates federal law. In February 2026, the Maldonado Bautista decision ordered the government to stop denying bond hearings. Habeas corpus petitions have a success rate exceeding 90% in many jurisdictions. Each successful habeas petition results in a release — a court-ordered catch-and-release that the administration cannot prevent. Bond hearing denial rates dropped from 59% favorable to detainees (2024) to 30% (2025), but federal courts are systematically reversing these denials. [^008-a8]

The human and fiscal cost of “ending catch-and-release” is extraordinary and undisclosed. ICE detention costs $152 per person per day. With 68,289 people detained (73.6% without criminal convictions), the annual cost of detaining non-criminals alone exceeds $2.7 billion. Alternatives to Detention achieve 99% compliance for ICE check-ins at $4-8 per day. The One Big Beautiful Bill Act allocated $45 billion for detention expansion — approaching the capacity of the entire federal prison system — to incarcerate a population that is predominantly non-criminal. The Brennan Center documented that detention costs have grown more than 400% from FY2024 to FY2025, with total ICE detention budgets exceeding $14 billion. [^008-a9]

Informed Speculation

The 99.9% figure is an example of metric selection bias elevated to a headline statistic. The administration chose the narrowest possible metric (Border Patrol parole releases) and the most favorable baseline (peak Biden-era releases before Biden’s own crackdown) to produce the most dramatic-looking number. A more honest accounting would compare total releases into the interior — including ATD placements, bond releases, court-ordered releases, and all agency releases — against a comparable Biden-era total. The MPI’s finding of an 88% decrease in release rates is a more reliable measure, and it tells the same directional story (releases dropped dramatically) without the numerical precision that invites false confidence.

The word “permanently” appears to be aspirational rather than descriptive. The administration may believe that the combination of executive action, legislation (Laken Riley Act, OBBBA), and BIA decisions creates a durable framework. But the legal reality is that executive orders can be reversed, funding can lapse, the INA’s parole authority remains intact, and federal courts are actively ordering releases. “Permanently” in this context means “for as long as this administration holds power and Congress funds detention beds” — which is a very different thing from permanent.

Structural Analysis

Cui bono from the framing: The “permanently ended” language serves political consolidation — it implies the policy battle is over and won, discouraging future reversal. The 99.9% figure provides a numerical anchor that makes the achievement sound complete and absolute. Both serve to justify the $45 billion detention expansion and the unprecedented detention population.

The denominator problem: The 99.9% figure depends entirely on what you count as a “release.” If you count only Border Patrol parole releases, you get near-zero. If you include ATD placements (179,991 people), bond releases, court-ordered releases, and ICE administrative releases, the picture changes dramatically. The administration’s metric excludes the largest category of people released into the interior under its own watch.

Follow the money: Ending catch-and-release requires massive detention infrastructure. The $45 billion OBBBA allocation flows primarily to private prison companies (GEO Group, CoreCivic) and local jails contracting with ICE at $70-$110/bed/day. GEO Group alone has approximately $300 million in annualized revenues from ICE contracts for unutilized beds. The Brennan Center documented $38.3 billion for 24 warehouse-style detention facilities. The policy choice to detain rather than use ATD programs ($4-8/day) at 99% compliance rates is a resource allocation decision with identifiable beneficiaries.

Stated vs. revealed preferences: The stated preference is public safety — “dangerous catch-and-release.” The revealed preference is mass detention regardless of dangerousness. TRAC data shows 73.6% of detainees have no criminal conviction. The BIA’s elimination of bond hearings applies to everyone who entered without inspection, regardless of criminal history. The policy does not distinguish between “dangerous” individuals and the overwhelming majority who pose no safety risk.

Context the Framing Omits

Every modern administration has practiced some form of “catch-and-release.” The term describes a structural reality, not a policy choice unique to Biden. Trump’s first term released people pending proceedings. Obama did. Bush did. The practice exists because detention capacity has never been sufficient to hold everyone in immigration proceedings simultaneously. The current approach — spending $14 billion/year to attempt universal detention — is unprecedented, not the prior practice of releasing non-dangerous individuals.

Biden had already dramatically reduced releases before leaving office. Biden’s June 2024 executive order cut releases by more than 50%. By September 2024, the release rate had dropped from 65% (October 2023) to 17%. The Trump administration’s comparison baseline uses peak Biden-era release numbers, not the post-June-2024 numbers. Against the October 2024 baseline of 26% releases, the reduction to 3% is approximately 88% — still dramatic, but not 99.9%.

The Flores Settlement Agreement still exists — for now. The Flores settlement, governing detention of minors, has not been overturned despite the administration’s efforts. In Flores v. Bondi, the Ninth Circuit is considering whether the OBBBA provisions override Flores protections. The district court rejected the administration’s argument. The settlement imposes constitutional limits on detention that constrain any claim of “permanently” ending release practices.

Alternatives to Detention work. Case management programs achieve 99% compliance for ICE check-ins and 100% compliance for court appearances, at $4-8/day vs. $152/day for detention. The administration’s choice to expand detention rather than ATD programs is not driven by compliance data — it is driven by the political imperative to demonstrate that “catch-and-release” has ended. The 179,991 people on ATD are functionally released into the interior; the administration simply doesn’t call it that.

Verdict

Factual core: Mostly false. Border Patrol parole releases did drop to zero for eight consecutive months — that is real and verifiable. But the claim packages this narrow metric with three significant falsehoods: (1) “99.9% decrease” depends on cherry-picked baselines and the narrowest possible definition of “release,” when independent data shows an approximately 88% decrease in overall release rates; (2) “permanently ended” is not supported by the legal mechanism — executive orders, time-limited funding, and intact statutory parole authority all mean this can be reversed; and (3) the claim implies no one is released into the interior, while 179,991 people are on ATD programs, federal courts are ordering releases through habeas corpus, and the administration itself released 461 people in its first 17 days.

Framing as “win”: Misleading. The dramatic reduction in releases is real, but it has been achieved through mass detention at unprecedented cost ($14+ billion/year), overwhelmingly targeting non-criminals (73.6% without convictions), while eliminating bond hearings in defiance of over 300 federal court rulings. Alternatives to Detention that achieve 99% compliance at 3-5% of the cost are available but rejected in favor of the political narrative that “catch-and-release” has been “permanently ended.”

What a reader should understand: Releases did drop dramatically. That is true and significant. But the specific claims — 99.9%, permanently, ended — are each independently problematic. The number is inflated by metric selection and baseline cherry-picking. “Permanently” is aspirational, not structural. And “ended” is contradicted by 179,991 people on ATD, ongoing court-ordered releases, and the administration’s own early-term releases. The real story is that the administration traded cost-effective monitoring ($4-8/day, 99% compliance) for mass detention ($152/day, 73.6% non-criminal) at a cost of $14 billion per year, serving a political narrative more than public safety.

Cross-References

  • Item #3: “650,000 arrests, detentions, and deportations” — the detention expansion documented here is the infrastructure behind Item #8’s claim; same detained population
  • Item #5: “Two million self-deportations” — the mass detention and elimination of bond hearings drives voluntary departures from detention (38% of cases by December 2025), which feed the self-deportation narrative
  • Item #6: “Lowest border crossings since 1970s” — the zero-release policy is part of the same enforcement package; both claims credit Trump for trends that began under Biden
  • Item #9: “Zero illegal alien releases for eight consecutive months” — directly overlaps with this claim; Item #9 is essentially a restatement of the Border Patrol parole release metric analyzed here
  • Item #10: “Declared national border emergency on Day One” — EO 14165 (ending catch-and-release) was issued under this same Day One emergency declaration

Sources

Axios. “Trump’s ICE Frees Hundreds of Immigrants Under ‘Catch and Release.’” February 6, 2025. https://www.axios.com/2025/02/06/trump-immigration-catch-release

American Immigration Council. “BIA Decision Strips Immigration Judges of Bond Authority, All but Guaranteeing Mandatory Detention for Undocumented Immigrants.” September 12, 2025. https://www.americanimmigrationcouncil.org/blog/bia-ruling-immigration-judges-bond-mandatory-detention-undocumented-immigrants/

American Immigration Council. “What’s in the Big Beautiful Bill? Immigration & Border Security Unpacked.” August 2025. https://www.americanimmigrationcouncil.org/fact-sheet/big-beautiful-bill-immigration-border-security/

Brennan Center for Justice. “How ICE’s Budget Boom Is Changing Immigration Detention.” February 2026. https://www.brennancenter.org/our-work/research-reports/how-ices-budget-boom-changing-immigration-detention

Brennan Center for Justice. “The Deportation Industrial Complex: Arrests and Detentions by the Numbers.” September 2025. https://www.brennancenter.org/our-work/analysis-opinion/deportation-industrial-complex-arrests-and-detentions-numbers

CBP. “USBP Records Zero Releases for Eighth Consecutive Month.” January 15, 2026. https://www.cbp.gov/newsroom/national-media-release/usbp-records-zero-releases-eighth-consecutive-month

CBP. “Trump Administration Delivers 7 Straight Months of Zero Releases at the Border.” December 15, 2025. https://www.cbp.gov/newsroom/national-media-release/trump-administration-delivers-7-straight-months-zero-releases

CBS News. “Voluntary Departures Hit Record High as Detained Immigrants Lose Hope of Getting Released or Winning in Court.” January 15, 2026. https://www.cbsnews.com/news/immigration-detention-voluntary-departures-record-high/

Congress.gov. “H.R.57 - Ending Catch and Release Act of 2025.” 2025. https://www.congress.gov/bill/119th-congress/house-bill/57

DHS. “100 Days of The Most Secure Border in American History.” April 28, 2025. https://www.dhs.gov/news/2025/04/28/100-days-most-secure-border-american-history

Journal of Gender, Race & Justice (University of Iowa). “THE END OF ‘CATCH-AND-RELEASE’: LEGAL CHALLENGES AND IMPLICATIONS FOR IMMIGRATION POLICY.” March 2025. https://jgrj.law.uiowa.edu/news/2025/03/end-catch-and-release-legal-challenges-and-implications-immigration-policy

Migration Policy Institute. “A New Era of Immigration Enforcement Unfolds in the U.S. Interior and at the Border under Trump 2.0.” October 2025. https://www.migrationpolicy.org/news/new-era-enforcement-trump-2

National Immigration Forum. “Immigration Detention Costs in a Time of Mass Deportation.” January 2026. https://forumtogether.org/article/immigration-detention-costs-in-a-time-of-mass-deportation/

TRAC (Syracuse University). “Immigration Detention Quick Facts.” Data through February 7, 2026. https://tracreports.org/immigration/quickfacts/

White House. “PROMISES MADE, PROMISES KEPT: Border Security Achieved in Fewer Than 100 Days.” April 28, 2025. https://www.whitehouse.gov/articles/2025/04/promises-made-promises-kept-border-security-achieved-in-fewer-than-100-days/

White House. “President Trump Is Securing Our Homeland: Ending the Invasion, Deporting Criminals, and Protecting Our Communities.” February 2026. https://www.whitehouse.gov/articles/2026/02/president-trump-is-securing-our-homeland-ending-the-invasion-deporting-criminals-and-protecting-our-communities/