ICE detainees are remaining in custody despite signing voluntary deportation agreements, according to reports from advocacy groups and legal representatives.

These findings suggest a systemic failure in the deportation process that may violate due-process rights and leverage medical emergencies to force legal waivers.

One case involves Williams Toro Enamorado, 27 [1]. His legal representation said he was forced to sign deportation papers in November to receive life-saving dialysis [1]. This incident occurred as part of Operation Charlotte’s Web at the Delaney Hall ICE detention facility in Newark, New Jersey [1], [2].

The situation at Delaney Hall has drawn wider attention from advocacy groups. A letter signed by 300 people described the conditions and treatment of detainees at the facility as torture [2]. The signatories said that the continued detention of individuals who have already agreed to leave the U.S. points toward profit motives within the detention system [3].

Congresswoman LaMonica McIver has also raised concerns regarding the treatment of those held at the Newark facility [3]. The core of the dispute centers on why individuals who have waived their right to a hearing and accepted voluntary removal are not being processed for departure immediately [3].

Advocates said the practice of holding voluntary signees indefinitely creates a legal limbo. In the case of Toro Enamorado, the signing of the document did not result in immediate release or deportation, but rather continued confinement while his health remained a critical concern [1].

“Detainees who have signed voluntary deportation agreements are still being held in ICE detention facilities.”

The continued detention of individuals who have signed voluntary removal forms suggests a gap between administrative processing and actual deportation. When medical necessity is used as leverage to obtain these signatures, it raises significant legal questions regarding the validity of 'voluntary' consent and may indicate that detention centers are prioritizing occupancy over the efficiency of the removal process.