ICE Sets Deportation Record in 2026: What It Means for You
You have a valid visa, a pending green card application, or maybe just an old overstay — and ICE just announced it arrested more than 491,000 people in a single fiscal year. That number is not abstract. Fiscal Year 2026 set the highest deportation and arrest totals in ICE's history, surpassing the entire three-year Biden era combined. If you have any unresolved immigration issue, this is the moment to understand your options.
You are living in the US with an unresolved immigration status. Maybe you missed a court date, overstayed a visa, or have a removal order you never dealt with. The Department of Homeland Security announced on November 12, 2026, that ICE carried out 483,200 deportations and more than 491,000 arrests in Fiscal Year 2026 — both all-time records for the agency. To put that in perspective: FY26's deportation total nearly matches all three full fiscal years of the Biden administration (FY22, FY23, FY24) combined, which totaled about 486,000.
How Big Is This Shift?
The numbers show a dramatic acceleration. In Biden's first fiscal year (FY21), ICE made just over 74,000 arrests. FY26's arrest total of nearly 475,000 administrative arrests is more than six times that figure. Month by month, the pace kept climbing: June 2026 saw 43,900 arrests, July broke that record with 50,208, and August shattered it again at 50,925. September 2026 alone brought more than 48,000 arrests — a more than 300% increase over the average September during the Biden years. DHS Secretary Markwayne Mullin credited President Trump's direction, saying ICE has been "unleashed" to carry out removals. The administration also reported that more than 3 million migrants have left the US, with nearly 1.2 million deported and over 1.25 million arrested as of October 2026.
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For immigrants in removal proceedings — or those who fear they could be placed in them — these numbers signal that enforcement is happening at a pace and scale the US has never seen before. People with old removal orders, visa overstays, or missed immigration court hearings face a significantly higher risk of arrest than in previous years. If ICE arrests you, you may be taken into detention quickly, and the window to respond narrows fast. An immigration bond hearing may be your first chance to fight for release. If you were ordered removed in absentia (meaning you missed your court date and a judge ordered deportation without you present), a motion to reopen that case must be filed within 90 days of the order. After that deadline passes, reopening becomes much harder.
What to Do
- Check your immigration status now. If you have a pending application, a visa, or any open case, confirm its current status through USCIS or your attorney. Do not assume no news means no problem.
- If you have an old removal order or missed a court date, consult an immigration lawyer immediately. A motion to reopen must be filed within 90 days of the removal order — that deadline is strict.
- Know your rights if ICE comes to your door. You have the right to remain silent and the right to speak with an attorney before answering questions. Do not sign any documents without legal advice.
- If you are detained, ask for an immigration bond hearing as soon as possible. An attorney can argue for your release while your case continues.
What to do, step by step — see our guide “Your Rights During an ICE Encounter”.
Fishkin Law Firm, New York
With ICE operating at this enforcement level, anyone with an outstanding removal order is at serious risk of arrest without warning. If a removal order was issued in absentia, you have 90 days from that order to file a motion to reopen your case — missing that window makes relief far more difficult to obtain. People who are apprehended now face an apprehension fee of $5,300, on top of detention and legal costs. Consult an immigration attorney before ICE finds you, not after.
Frequently Asked Questions
Can ICE arrest me if I have a pending green card application?
Yes. A pending application does not automatically protect you from arrest if you are out of status or have a removal order. ICE can still detain you while your case is pending. Talk to an immigration lawyer about whether you qualify for a stay of removal or other protection.
What happens if I missed my immigration court hearing?
A judge can issue a removal order in absentia — meaning without you present. You then have 90 days to file a motion to reopen your case. After that deadline, reopening is much harder and requires showing exceptional circumstances. Act quickly if this applies to you.
What are my rights if ICE arrests me?
You have the right to remain silent. You do not have to answer questions about your immigration status or country of origin. You have the right to speak with an attorney. Do not sign any documents — including voluntary departure forms — without legal advice first.
How much does it cost if ICE apprehends me?
As of October 1, 2026, ICE charges a $5,300 fee for apprehending someone who is inadmissible or subject to a removal order. This is separate from any bond or legal fees you may face.