‘I would rather die in my own country’: Why immigrants are choosing voluntary departure rather than detention or asylum in the US
A growing number of immigrants to the US are abandoning their legal cases and choosing to leave the country, many of whom are being held in detention centers. This comes as voluntary departures have increased under the Trump administration.Court data obtained by the Vera Institute of Justice shows that immigration judges issued more than 80,000 “voluntary departure” orders between January 2025 and March this year. The figures were shared with The Washington Post. The current data shows a sharp increase compared to the previous administration, when about 11,400 people opted in over the same period.Voluntary departure allows immigrants to leave the US without a formal deportation order. This can sometimes make it easier to legally withdraw in the future. But it also means giving up any ongoing claims to remain in the country, including asylum applications.According to the data, more than 70 percent of those granted voluntary departure under the Trump administration were in immigration detention at the time they made the request. That’s a higher proportion than during former President Joe Biden’s tenure, when the majority of people went from outside detention.The Trump administration has promoted voluntary departures as part of its immigration crackdown, with MAGA officials advertising the option in detention centers and online.Voluntary departure is a long-standing legal option for people who are unlikely to win their cases in immigration court. Applicants must generally show good moral character, have no serious criminal record, and agree to leave within a certain time frame at their own expense.The Department of Homeland Security (DHS) did not directly note the increase in numbers, but said the administration was enforcing immigration laws more strictly. In a statement, the department said: “Biden and [then-Homeland Security Secretary Alejandro Mayorkas] Recklessly introduced millions of undocumented illegal aliens into American communities – and they abused multiple loopholes to do so, “saying Trump officials were now enforcing the law” as it was actually written.During the latter half of the Biden administration, judges issued about 750 voluntary departure orders a month. After Donald Trump returned to office, the number began to exceed 6,000 in a single month following immigration enforcement raids.Many immigrants are now detained for months awaiting trial, while very few are released on bond.Migration experts say the policy change has changed the way people experience the system.“It’s quite clear that the trend has increased, with more people in detention seeking voluntary departure as an alternative to remaining in detention,” said Ariel Ruiz Soto of the Migration Policy Institute.Some immigrants cite harsh conditions and long periods of detention as reasons for leaving.
- A 33-year-old Middle Eastern man detained after crossing the US-Mexico border in 2024 reportedly suffered panic attacks and mental health deterioration in custody. With no criminal record and claims of religious persecution, he decided to leave after months in detention. His brother said: “He told me: ‘Look, I’m dying here anyway. I’d rather die in my own country than go to the place where I’m going to die,'” he said, adding, “‘I can’t live without freedom.'”
- Another case involved Roman Husar, a Ukrainian artist who arrived in the US with his family under a Biden-era sponsorship program. After immigration detention and a rejected bond hearing, he opted for voluntary departure. “No one gets asylum here in Texas. No one,” he said. “People, they’ve been rejected, rejected, rejected.” His lawyer later said: “This type of voluntary departure is not voluntary,” he said. “This is coercion.”
The states with the highest numbers include Texas, Louisiana, Florida, Georgia and California, which have thousands of cases combined.