ICE’s New Case Review Process Lets Immigrants Appeal Detention and Deportation

The Biden administration introduced new “enforcement priorities” for Immigration and Customs Enforcement (ICE) on February 18. The priorities had been an preliminary step away from the Trump administration’s enforcement technique that made each undocumented immigrant a goal for deportation. However issuing priorities is one factor; significant implementation is one other.

With over 13,000 folks in detention and 1.3 million instances within the immigration courtroom backlogs, many immigrants’ instances will should be reevaluated below the brand new priorities.

In an effort to make sure that the implementation of those priorities is working easily nationwide, the Biden administration rolled out a “case overview” course of on March 5. People and attorneys can use this overview course of to establish instances that they consider are now not priorities and subsequently require motion by ICE.

Beneath this new case overview course of, people who assume they’re now not a precedence for enforcement are strongly inspired to first contact the native ICE discipline workplace and request a overview. If the native discipline workplace determines that they now not qualify as a precedence, then ICE might train its discretion to take a positive motion within the individual’s case. This might embrace releasing the individual from detention or selecting to not execute a elimination order.

If the native ICE workplace finds the individual to nonetheless be a precedence and declines a request for discretion, then the brand new case overview course of permits people and attorneys to submit a second request for overview to ICE headquarters. These requests should be submitted in writing to a devoted electronic mail handle, and a “Senior Reviewing Official” will then consider the case and resolve whether or not to override the native discipline workplace.

This headquarters-level coverage is necessary as a result of the precise selections in particular person instances are usually made on the native stage. Making a course of to escalate instances to the nationwide stage permits the Biden administration to trace how properly the native discipline places of work are following the brand new priorities.

However whereas the case overview course of is a step in the appropriate course, it’s not sufficient.

1000’s of people stay trapped in immigration detention in the present day—the bulk with out attorneys and with restricted entry to the surface world. They’re all are at heightened danger of COVID and must get out of detention as shortly as attainable.

Anticipating folks on this scenario to have information of the administration’s new priorities, perceive how they apply to their particular person instances, and be capable to pursue aid from their native ICE discipline workplace after which from ICE headquarters is unrealistic.

That’s why the administration ought to implement an impartial file overview course of for each individual held in ICE detention.

Impartial file overview would put the burden on ICE to find out whether or not somebody continues to be an enforcement precedence, slightly than on the one that is at the moment detained. A full overview of everybody held in detention might take a while, however it could be an necessary instrument to make sure that the brand new priorities are carried out throughout the board.

Regardless that extra is required, the brand new case overview course of reveals how the Biden administration is placing its enforcement priorities into motion and slowly making the immigration system extra humane.

FILED UNDER: Biden-Harris Administration, Immigration and Customs Enforcement