ICE Revises Immigration Detention Policies

Immigration and Customs Enforcement (ICE) has updated the rules for its immigration detention system. These changes remove pay language for detainees, adjust legal constraints on private operators, and increase federal control over facility operations. The changes are outlined in ICE’s revised National Detention Standards for 2026.

Changes to Detainee Work Programs

One significant revision is the elimination of requirements for detainees in work programs to receive at least $1 per day. The new document states that detainee volunteers in these programs do not qualify as facility or government employees, nor are they entitled to wages or benefits under applicable wage laws.

Legal Scrutiny Over Labor Practices

ICE and its contractors face lawsuits alleging detainees were underpaid or unpaid for essential work within detention centers. The GEO Group, a major private detention contractor, has faced legal challenges in multiple states. In Washington State, courts upheld over $23 million in awards against GEO Group for allegedly denying detainees the state minimum wage at their Tacoma facility. The U.S. Supreme Court allowed a Colorado class-action case to proceed, questioning if private contractors can be held accountable under state and federal labor laws.

Expanded Authority and New Requirements

The new standards require facilities to accept all detainees assigned by ICE, limiting the discretion of private contractors. They also mandate the provision of language-access services, broaden disability accommodations, revise mental health-related disciplinary procedures, and permit facilities to prepare religious meals in-house.

Using AI in Detention Operations

A standalone language-access policy requires facilities to offer free interpretation and translation services to detainees with limited English proficiency. Facilities may use artificial intelligence tools in noncritical situations. These standards also enhance oversight of segregation, requiring written orders and ICE notification within 72 hours, as well as monitoring of detainees with serious mental illnesses. Facilities must conduct mental health evaluations within five days and seek transfers if they cannot meet medical or mental health needs.

Additional Operational Revisions

Changes include allowing electronic distribution of detainee handbooks and establishing extensive federal recordkeeping requirements. ICE claims these updates aim to streamline operations, reduce administrative burdens, and align with other federal systems. ICE collaborated with stakeholders, including facility operators, during the revision process.

Current Detention Statistics

As of April 4, 2026, ICE detained 60,311 individuals, according to data from Transactional Records Access Clearinghouse.

Private Contractors’ Role

Private companies like Geo Group and CoreCivic continue to play a key role in the detention system. David Venturella, appointed to lead ICE in 2026, has extensive experience in immigration enforcement and previously worked at Geo Group. His position places him at the center of ICE’s relationship with private operators.

Impact of Policy Changes

These policy changes represent a notable update to ICE detention practices. They centralize authority within the agency, redefine detainee labor, and set new operational standards. The implications of these changes may impact courts, contractor operations, and the detainees themselves.

Key Changes Include:

• Removal of $1/day detainee pay provision
• Clarification that detainees are not employees
• Mandatory acceptance of all ICE-assigned detainees
• New language-access policy
• Limited use of AI for translation/communication
• Expanded disability-accommodation requirements
• Revised disciplinary procedures for mental health
• New segregation oversight requirements
• Shortened timeline for mental health evaluations
• Expanded recordkeeping, including some indefinite retention