In a significant development for U.S. immigration policy, male migrants detained by Immigration and Customs Enforcement (ICE) will soon be housed inside units operated by the Federal Bureau of Prisons (BOP). A newly signed memorandum of understanding between ICE and the Bureau of Prisons outlines the arrangement, marking a notable shift in how the federal government plans to manage the growing population of immigration detainees under the current administration’s immigration crackdown.
The agreement, which was obtained exclusively by ABC News, signals a new chapter in the collaboration between two of the nation’s largest law enforcement bodies. It also raises important questions about capacity, staffing, and the scope of the Bureau of Prisons’ evolving mission.
What the Memorandum of Understanding Covers
Signed on February 6, the memorandum of understanding establishes a formal framework for housing male ICE detainees in designated units within select BOP facilities. The agreement makes clear that ICE may only place detainees at institutions specifically designated by the Bureau of Prisons, and that placements outside of those approved locations are prohibited without prior authorization.
This arrangement reflects the Trump administration’s aggressive push to expand detention capacity as it works to deliver on campaign promises centered on immigration enforcement. Since his inauguration last month, President Donald Trump has taken several high-profile steps aimed at curbing both legal and illegal immigration, including executive actions targeting birthright citizenship and refugee status.
The Five Facilities Designated to Hold ICE Detainees
According to the memorandum, the Bureau of Prisons has approved five of its facilities to receive male ICE detainees:
- Federal Detention Center, Miami – Located in Florida, this facility has historically processed federal inmates and pretrial detainees.
- Federal Detention Center, Philadelphia – A holding and processing site in Pennsylvania with experience managing short-term federal populations.
- Federal Correctional Institution, Atlanta – A medium-security facility in Georgia.
- Federal Correctional Institution, Leavenworth – One of the most historic federal correctional institutions in the country, located in Kansas.
- Federal Correctional Institution, Berlin – A medium-security facility in New Hampshire.
These locations span the eastern half of the United States, providing geographic coverage across multiple regions where ICE has reported surges in detention activity.
Female Detainees Excluded from the Arrangement
One of the most notable details in the agreement is that the Bureau of Prisons will not house female ICE detainees under this arrangement. The memorandum specifies that only male detainees fall within the scope of the new partnership. This means that female migrants in ICE custody will continue to be housed under separate arrangements, likely through private contractors or other ICE-operated facilities.
Civil rights advocates and immigration attorneys have raised concerns in recent years about the conditions and oversight of female detention facilities, and the exclusion of women from this new federal partnership may intensify calls for greater transparency in how the government handles vulnerable migrant populations.
Operational Rules Inside the Facilities
The memorandum of understanding lays out specific operational guidelines for how ICE detainees will be managed inside BOP institutions. According to the agreement, ICE will be required to maintain at least two of its own officers at every BOP facility housing ICE detainees. This is intended to ensure that immigration enforcement staff are present on-site to handle custody, classification, and potential deportation proceedings.
At the same time, the Bureau of Prisons retains significant authority over the facilities. The BOP will have final say on who gains entry into the institution, reinforcing that the federal prison system , not ICE , controls access to the grounds. This structure reflects an effort to preserve internal order and security protocols, even as outside agencies bring their own populations into the facilities.
Disciplinary Provisions
The agreement also addresses behavior and discipline. Detainees who become disruptive inside BOP institutions face removal from the facilities. This provision gives the Bureau of Prisons the authority to expel ICE detainees who violate institutional rules, a measure designed to prevent tensions between federal inmates and immigration detainees and to maintain overall facility stability.
Concerns Over Staffing and Mission Creep
Despite the formal arrangement, there are growing concerns about whether the Bureau of Prisons is equipped to take on this new responsibility. According to one source who spoke with ABC News, housing ICE detainees has not been part of the Bureau’s core mission for some time, and the agency may not have the personnel resources necessary to manage the additional population.
The Bureau of Prisons has faced persistent staffing shortages in recent years, with reports of correctional officer vacancies, early retirements, and difficulty recruiting new employees. Adding ICE detainees to the population mix , even within designated units , places additional strain on a system already struggling to meet its existing obligations.
Critics have warned that expanding the Bureau of Prisons’ role into immigration enforcement could create logistical challenges, including confusion over jurisdictional authority, complications in inmate classification, and potential civil rights concerns. Supporters, however, argue that using federal facilities brings ICE detainees under stricter federal oversight than some privately operated detention centers.
The Broader Immigration Crackdown
The decision to house ICE detainees in federal prisons fits within a wider strategy by the Trump administration to dramatically increase detention capacity and accelerate deportations. Beyond the BOP partnership, the administration has also turned to Guantanamo Bay , the U.S. military base in Cuba , as a site to hold arrested migrants.
The use of Guantanamo Bay for immigration detention has drawn sharp criticism from human rights organizations, legal scholars, and foreign governments. Critics argue that housing migrants at a military facility associated with the post-9/11 war on terror blurs the lines between criminal justice, military operations, and immigration enforcement.
Combined with the Bureau of Prisons agreement, the move signals that the current administration is willing to use a wide array of federal assets , from military bases to federal correctional institutions , to manage what officials describe as an unprecedented influx of detained migrants.
What Comes Next for ICE Detention in Federal Prisons
As the agreement takes effect, several key questions remain unanswered. It is not yet clear how many ICE detainees will be transferred to these federal facilities, how long they will remain there, or how the Bureau of Prisons will manage the costs and logistics of housing a population that traditionally falls outside its purview.
There are also legal implications. Immigration detainees have different rights and procedural protections than typical federal inmates, including access to immigration courts and the ability to apply for asylum or other forms of relief. Mixing these populations, even within separate units, could create complex legal challenges for both agencies.
For now, the memorandum of understanding represents a starting point. Whether this arrangement becomes a long-term feature of American immigration enforcement or a temporary measure tied to the current political climate will likely depend on court challenges, congressional action, and the operational realities that emerge once the first detainees begin arriving at these federal facilities.
Conclusion
The decision to house male ICE detainees inside Bureau of Prisons facilities represents one of the most significant expansions of federal detention capacity in recent memory. By activating five federal correctional institutions across the country, the administration is signaling that immigration enforcement will remain a central priority , and that the federal prison system will play an unprecedented role in supporting that mission. Yet with staffing shortages, unresolved legal questions, and growing public scrutiny, the success of this arrangement remains far from certain. As the partnership moves forward, both the Bureau of Prisons and ICE will face the difficult task of balancing security, humanitarian obligations, and the legal rights of the migrants now under their joint care.