Zero Releases at the Border: What It Means for Immigrants
You crossed the border and were released with a court date — that option no longer exists for anyone arriving today. DHS and CBP announced on September 16, 2026, that for 16 straight months, zero people apprehended at the border have been released into the US. With apprehensions 94% below the previous administration's average, the enforcement shift is the most dramatic in decades.
You crossed the border months ago and were released with a notice to appear in immigration court. That path no longer exists for people arriving today. On September 16, 2026, the Department of Homeland Security and U.S. Customs and Border Protection announced 16 consecutive months of zero releases at the border — meaning everyone apprehended crossing illegally is detained and placed in removal proceedings, not let go with a court date.
What the numbers show
CBP reported 8,870 southwest border apprehensions in August 2026 — 5% lower than July and 94% lower than the monthly average under the previous administration. At the peak in December 2023, monthly apprehensions were 97% higher than they are now. DHS Secretary Markwayne Mullin stated that "catch and release is over" and that consequences — meaning detention and removal — are now the standard response to illegal crossings. CBP Commissioner Rodney Scott confirmed that agents are enforcing a policy of apprehend, detain, and remove, with no releases into the US.
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In August 2024, Border Patrol released 10,186 people along the southwest border. In August 2026, that number was zero. For immigrants already inside the US, this shift does not change their existing cases — but it signals that enforcement priorities are at their most aggressive in decades. ICE arrest activity, immigration court hearing schedules, and removal proceedings for people already in the country remain governed by separate rules.
Drug seizures also up sharply
CBP also reported a 73% increase in drug seizures this fiscal year compared to the same period in fiscal year 2024. In August 2026 alone, agents seized 6,724 pounds of cocaine, 773 pounds of fentanyl, and over 120,000 pounds of precursor chemicals used to manufacture illicit drugs. These figures reflect a broader enforcement posture that affects everyone moving through ports of entry and the border region.
What to do
- If you have an open immigration court hearing, attend it. Missing a hearing almost always results in an order of removal issued in your absence — and you have 30 days to appeal a removal order.
- If you are in removal proceedings, talk to an immigration lawyer about your options: asylum, cancellation of removal, voluntary departure (up to 120 days), or other forms of relief.
- If you fear ICE contact, know your rights: you are not required to open your door without a signed judicial warrant, and you have the right to remain silent.
- If you need to file a motion to reopen a removal order, the deadline is 90 days from the date of the order — do not wait.
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The zero-release policy at the border does not automatically affect people already inside the US with pending cases, but it signals an enforcement environment where ICE is operating with maximum pressure. If you have a removal order — even an old one — now is the time to check whether you qualify to reopen your case: the motion to reopen deadline is 90 days from the order date, and courts are strict about that window. Anyone in removal proceedings should also ask their attorney about a stay of deportation (Form I-246, currently $155) as a short-term protective measure while longer-term relief is pursued. Consult a licensed immigration attorney to review your specific situation.
Frequently Asked Questions
Does the zero-release border policy affect my immigration case if I'm already in the US?
Not directly. The zero-release policy applies to people apprehended at the border right now. If you are already inside the US with a pending case or removal order, your situation is governed by your existing court proceedings and ICE's interior enforcement priorities — not the border policy.
What happens if I miss my immigration court hearing?
A judge will almost certainly issue a removal order in your absence. You then have 30 days to appeal that order to the Board of Immigration Appeals. After that window closes, the order becomes final and ICE can carry out deportation.
How long do I have to file a motion to reopen a removal order?
You have 90 days from the date the removal order was issued. There are limited exceptions — for example, if you can show you never received proper notice of your hearing — but courts apply this deadline strictly. An immigration attorney can tell you whether any exception applies to your case.
What is voluntary departure and how long can I get?
Voluntary departure lets you leave the US on your own instead of being formally deported. This avoids some of the long-term bars that come with a removal order. The maximum period a judge can grant is 120 days. You must request it before the judge issues a final order.