US Immigration and Customs Enforcement (ICE) has ceased to publicly disclose the locations of thousands of detainees who are subject to final deportation orders. This significant alteration has raised concerns among lawyers and family members trying to locate these individuals. As reported by current and former officials familiar with the situation, the agency removed detainees from its online locator system on September 15.

However, this change was not communicated publicly. Multiple attorneys representing affected clients have indicated that individuals have suddenly vanished  from the locator system this week. The American Immigration Lawyers Association alerted its members regarding this development on Friday.

It expressed concerns over the potential impact on last-minute legal challenges and deportations. According to ICE data, approximately 16,000 persons detained in July were under final removal orders, constituting over one-third of all recent bookings. This update reportedly does not affect detainees located at specific facilities in Adelanto, California, or temporary holding centres in Minneapolis, New York City, and suburban Chicago.

Legal obligations mandated by judges require ICE to promptly include detainees from these centres in the online locator system upon arrival, owing to ongoing litigation surrounding detention practices.

Reactions from Legal Reps

Many legal representatives have expressed alarm over the implications of this policy shift. Greg Chen, senior director of government relations at the American Immigration Lawyers Association, stated that the situation has left families distressed, with many assuming their loved ones had already been deported.

Furthermore, this change complicates attorneys’ efforts to maintain contact with their clients, thereby endangering the attorney-client relationship. The Department of Homeland Security, overseeing ICE, maintains that individuals under final removal orders have received due process. This typically involves a hearing where an immigration judge has ordered their removal, often following an appeal process.

Nonetheless, detainees retain the option to challenge their cases, potentially seeking to reopen them or filing a habeas petition to obtain release on constitutional grounds. Federal judges have reportedly issued numerous rulings allowing for releases or bond hearings in such scenarios. Data from early July indicated that over 65,000 individuals were present in ICE detention facilities.

Moreover, around 30 per cent are presumed to possess final removal orders. Many of these individuals have faced increasing challenges in participating in immigration proceedings due to recent administrative changes. Legal experts are voicing concerns over the systemic issues leading to what they describe as “disappearing people,” an occurrence they believe should not transpire within the United States.

Impact on Detainees and Legal Challenges

The alteration in the locator system has specific implications for detainees facing removal, many of whom possess legal protections against deportation to their home countries due to the risk of torture or persecution. Legal advocates assert that the difficulty in tracing these individuals, following their removal from the locator, will hinder their ability to mount legal challenges.

Many detainees are reportedly facing deportation to third countries where they have no established ties. ICE initiated the online detainee locator system in 2010 to facilitate the search for individuals in custody by relatives, attorneys, and the public. Prior to this development, individuals had to rely on contacting regional offices or individual detention centres.

Although advocates and lawmakers have long cited issues of outdated and inaccurate information within the system, this newly implemented practice of excluding detainees with final removal orders marks an unprecedented change.

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