Recently, the U.S. Immigration and Customs Enforcement (ICE) has quietly changed its policy regarding detained immigrants with final deportation orders. Since September 15th, immigrants with final deportation orders are no longer appearing in the ICE online detainee locator system (ODLS). This change affects over 16,000 individuals who are detained by ICE and awaiting deportation.
Due to this alteration, family members and lawyers may no longer be able to locate these individuals through the online system to determine where they are being held. On September 30th, more than 30 immigration and human rights organizations jointly filed a complaint with the United Nations Working Group on Enforced or Involuntary Disappearances, requesting intervention.
On the same day, U.S. Representatives Luz Rivas and Veronica Escobar, along with 45 other lawmakers, sent a letter to the Acting ICE Director demanding the immediate restoration of the detainee locator information for these individuals and an explanation to Congress on the basis for the policy change.
ICE’s ODLS system was launched in 2010, allowing family members and lawyers to search for detainees by entering their names, dates of birth, or A-numbers to find out if they are detained by ICE and their current location. However, starting from September 15th, ICE began removing detainees with final deportation orders from this system.
According to the Associated Press, the current number of ICE detainees is close to 69,000, with over 16,000 individuals having final deportation orders affected by this policy change. ICE did not publicize this change in policy nor provide a public explanation for it.
One significant reason for the controversy surrounding this policy change is that having a final deportation order does not mean that individuals have exhausted all legal avenues available to them.
Typically, once an immigration judge issues a deportation order and if the individual does not appeal within the specified timeframe or if the Board of Immigration Appeals upholds the deportation decision, the deportation order may become final.
However, even in such cases, individuals may still seek relief through motions to reopen cases, federal court litigation, challenges to the lawfulness of detention, or other eligible legal procedures.
In their letter to ICE, lawmakers specifically pointed out that individuals with final deportation orders may still have pending legal claims or other avenues for relief, underscoring the importance of maintaining contact with lawyers.
Furthermore, not all individuals with final deportation orders can be immediately deported. Some individuals may face temporary obstacles to deportation such as difficulties obtaining travel documents or logistical issues. Additionally, some individuals may have received protection from deportation to their home country, prompting ICE to seek a third country willing to accept them.
Lawyers and human rights organizations are concerned that once these individuals disappear from the locator system, lawyers may be unable to ascertain their transfer to another detention center during crucial moments, potentially missing the opportunity to prevent deportation or file emergency legal applications.
They also requested that ICE publicly disclose the location within one hour after arresting or transferring a detainee in the ODLS system and provide at least 24-hour notice to their registered lawyers if they are preparing to transfer detainees to other facilities.
The Department of Homeland Security (DHS) denies that the government is causing detainees to “disappear.” DHS asserts that detainees still have the opportunity to communicate with family members and lawyers. For individuals with final deportation orders, the government is obliged to carry out deportations, with DHS noting that its enforcement protocols comply with the due process requirements of the U.S. Constitution. Normally, detainees with funds in their accounts are permitted to call family members, and calls to legal representatives should be provided free of charge.