House Committee on Homeland Security Chairman Mark Green (R-TN) has called for urgent action following new Immigration and Customs Enforcement (ICE) data showing a sharp increase in the number of illegal aliens on the Non-Detained Docket (NDD) who have received final orders of removal but remain in the United States.
“For four years, the Biden-Harris administration has hamstrung ICE’s ability to detain and remove those here illegally—even those who have been ordered to be removed by immigration judges. These devastating numbers are yet more incontrovertible proof of this reality, and should serve as a wake-up call for policymakers. It is absolutely critical that Congress fully supports the incoming Trump administration’s efforts to undo this damage and once again enforce our immigration laws and secure our borders.”
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According to ICE figures the number of illegal aliens with final removal orders on the NDD rose from 1.29 million in October 2023 to 1.44 million as of November 2024—a year-over-year increase of more than 152,000 individuals.
These individuals, having exhausted all appeals, are legally required to leave the United States but remain at large.
The data also provided a breakdown of the nationalities of individuals with final orders of removal, highlighting significant numbers from countries such as:
- Honduras: 261,651
- Guatemala: 253,413
- Mexico: 252,044
- El Salvador: 203,822
- China: 37,908
- Haiti: 32,363
- Ecuador: 31,252
Smaller but notable figures were reported from countries like Iran (2,618), Russia (3,518), and Venezuela (22,749).
The Biden administration has faced ongoing criticism for its immigration enforcement policies, which opponents argue have reduced ICE’s capacity to detain and deport individuals in violation of U.S. immigration laws. The growing NDD numbers are seen by many as emblematic of what they describe as systemic failures in border security and immigration enforcement.
Tom Homan, the incoming “border czar” for the Trump administration, outlined a stricter approach, stating that priorities for removal would focus on “public safety threats, national security threats, fugitives, and those who got due process at great taxpayer expense and the federal judge ordered them removed, but they didn’t leave.”
The new ICE data is expected to fuel ongoing debates in Congress about immigration policy and enforcement priorities. As the Trump administration prepares to assume office, discussions are likely to focus on how to manage the NDD backlog and ensure that individuals with final removal orders are detained and deported.
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Critics of the Biden administration’s approach argue that stronger policies are needed to deter illegal immigration and enforce existing laws, while proponents of a more lenient approach caution against potential humanitarian implications.
The growing numbers, however, add a sense of urgency to the debate as policymakers grapple with balancing enforcement, public safety, and due process.
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