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Norms Impact

ICE Is Gearing Up to Build “Mega” Jails

A $38.3 billion plan to warehouse up to 10,000 people per site would normalize mass detention and rapid interstate transfers that strain counsel access and court oversight.

Executive

Feb 13, 2026

Sources

Summary

ICE circulated a memo outlining a $38.3 billion plan to expand immigration detention capacity by 92,600 beds by the end of FY26 through large-scale detention centers and processing sites.
The proposal shifts federal immigration detention toward purpose-built “mega-centers” designed to speed detention and removal while concentrating thousands of people in non-traditional facilities.
In practice, the expansion would enable mass short-term confinement and rapid transfers across states, making access to counsel and court oversight harder to maintain.

Reality Check

Normalizing “mega-centers” that hold thousands while accelerating removals sets a precedent where the government can effectively outrun lawyers, judges, and families—weakening due process protections that ultimately safeguard all of us. The conduct described is not inherently criminal on its face, but it risks crossing into unlawful deprivation of rights under color of law if conditions and access-to-counsel failures become systemic (18 U.S.C. §§ 241, 242). The documented pattern at a comparable short-term facility—failing basic sanitation, meals, legal assistance, and mandatory health screenings—underscores how scaling this model can turn administrative detention into a machinery of rights denial. The democratic damage is structural: concentrated custody plus rapid transfers can be used to evade legal challenges by making it harder to locate clients and obtain timely judicial review.

Detail

<p>Immigration and Customs Enforcement (ICE) sent a memo to New Hampshire Governor Kelly Ayotte describing a $38.3 billion “new detention center model” intended to expand detention capacity by 92,600 beds by the end of FY26. The memo stated the plan would “streamline the detention and removal process” through non-traditional facilities built to ICE’s needs.</p><p>The model includes acquisition and renovation of eight large-scale detention centers and 16 processing sites, plus acquisition of 10 existing “turnkey” facilities where ICE ERO already operates. Large-scale processing centers (“mega-centers”) would house 7,000 to 10,000 detainees for periods averaging less than 60 days and would serve as sites for international removals. Other processing facilities would hold 1,000 to 1,500 detainees for three to seven days.</p><p>The memo was shared amid talks to open a mega facility in Merrimack, New Hampshire.</p>