Catch and release

"Catch and release" is a phrase, used mainly by critics of immigration policy, for the practice of releasing migrants who have been apprehended at the border into the interior of the U.S. while their cases proceed, instead of detaining them for the duration. Officials describe the actual tools as releases on recognizance, parole, notices to appear in immigration court or enrollment in alternatives to detention such as electronic monitoring.

It occurs largely because detention capacity is limited, because families with children cannot be held for long under the Flores settlement agreement (a 20-day limit) and because, with immigration court backlogs of years, detention until a hearing is expensive. The Trump administration in 2018 tried to end it by prosecuting illegal entry and separating families, and later used Remain in Mexico and other rules, while the Biden administration released many families and used parole and the CBP One app.

Supporters of enforcement argue that releasing people encourages more crossings, since many do not appear at hearings or are allowed to stay for years; they call for mandatory detention and faster removals. Others note that most released migrants do appear in court when they have legal counsel and that detention is costly and harms families. See credible fear interview and asylum.