ICE Introduces New Appeal Process for Immigrant Detainees

The move came just weeks after the US Immigration and Customs Enforcement (ICE) instructed officers to target immigrants who pose a threat to public safety or have recently crossed the border. Writes about it BuzzFeed News.

Service officials have created a new appeal process that will allow immigrants and their defenders to challenge arrests, detentions and deportations as the Biden administration continues to focus enforcement action on certain populations.

The new program, which sets up an ICE case-handling process led by a senior inspector in Washington DC, is part of President Joe Biden's efforts to reorganize the agency and reform not only how it works, but what immigrants are arrested and detained.

It comes just weeks after ICE instructed officers to target perceived threats to national security and public safety, as well as those who have recently crossed the border, a shift from the Trump administration's policy of making nearly every illegal immigrant a priority.

Immigrants and lawyers have already been able to challenge arrests, continued detention or imminent deportation at the local level under the supervision of a regional official; the new process allows for separate scrutiny through the ICE case process if the local official denies the request. The reviewers will review whether the arrest is in line with the Biden administration's guidelines or whether the new circumstances of the case warrant a different decision, such as release from custody, revocation of notice of appearance before immigration court, or suspension of deportation.

Those in custody or facing imminent deportation will have priority.

“This confirms how seriously the administration takes its policy decisions and their implementation. They're really trying to make a significant difference from the last administration,” said John Amaya, a former ICE official during the Obama administration, adding that the message to the public is: “If you think we're being inconsistent, let us know.”

On the subject: ICE in 2020 arrested 104 thousand illegal immigrants: each of them had an average of 4 convictions

The vetting process will place responsibility on ICE leaders across the country to make sure their employees are up to date on new policies, he said.

“It will keep people on their toes and keep them busy,” he said.

The Biden administration previously tried to impose a 100-day moratorium on deportation, but the plan was blocked by a federal judge in Texas. The judge's order, however, did not stop the White House from moving forward in changing ICE's enforcement priorities, which is likely to lead to a reduction in the average number of arrests made by officers.

The rules specify how those who pose a threat to public safety, have been convicted of a serious crime or “participated in certain activities as part of a criminal group or transnational criminal organization” will be subject to law enforcement.

Greg Chen, director of government affairs for the American Immigration Lawyers Association, said there is also an informal process for attorneys or legislators who understand who within the Department of Homeland Security to turn to for additional help or a review.

“The fact that they're making it official adds a layer of transparency that allows people who don't understand DHS to understand that they can push for a higher level of review,” he said. “This is the kind of transparency that will help people who are not represented or don’t have extensive contacts within the agency.” Unfortunately, this process will likely remain inaccessible to unrepresented individuals in immigration detention, making it even more urgent for ICE to review detained cases to ensure that no one is unnecessarily incarcerated.”

This process is expected to remain in place at least until an additional set of guidelines for ICE staff is released, which is scheduled to be released in early May.

ICE officers already need prior approval from local authorities to decide whether to arrest or deport people who are not a priority and will need to justify their actions through a written request.

The rules also prohibit officers from making so-called collateral arrests unless the person is a priority designated by the administration. The only exception is a threat to life or a significant threat to property.

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New process step by step

If a non-citizen or their representative feels they are not in line with ICE's enforcement, detention or removal priorities, it is recommended that you first contact the local ERO field office to request a reconsideration of the case, the website says. ICE.

After contacting your local ERO field office, you can initiate the ICE Case Review (ICR) process by emailing the ERO Chief Inspector asking for a case review. Note: Sending a request to the Chief ERO Officer without first asking the local ERO Field Office may result in a delayed response. The Senior ERO Verification Officer will coordinate all requests received from the local ERO field office to determine what powers, if any, will be exercised.

Cases involving persons held in ICE custody or awaiting imminent removal will have priority and the response time for resolution will vary.

The IRC process request must include the person's A number, other identifying information, a telephone number, and a valid email address.

To provide information to anyone other than the subject of the request, ICE requires the completion of Form G-28, Notice of Attorney or Accredited Representative, or Form ICE I-60-001, Disclaimer of Confidentiality Permitting Disclosure to a Third Party.

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