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DETAINEES HIDDEN. The U.S. Immigration and Customs Enforcement
website, used to locate someone in immigration detention, is displayed
on September 21, 2026, in New York. (AP Photo/Rachel Leathe, File)
From The Asian Reporter, V36, #11 (November 2, 2026), page 8.
Lawsuit seeks to block ICE from hiding locations of
detainees with final removal orders
By Ryan J. Foley
The Associated Press
Groups that provide legal services to immigrants filed a lawsuit in
late October seeking to stop the Trump administration’s new policy of
hiding the locations of tens of thousands of detainees with final
deportation orders.
The policy, adopted suddenly in September to expedite deportations,
interferes with immigration lawyers’ rights by making it difficult, and
sometimes impossible, to locate their clients, according to the lawsuit
filed in federal court in Boston. It asks a judge to issue an order
blocking the "unlawful and inhumane" change.
"No one should be denied a meaningful opportunity to defend their
rights because the government has made it impossible for their lawyer to
find them," said Jacquelynne Bowman, executive director of Greater
Boston Legal Services, one of the four groups listed as plaintiffs.
"This arbitrary new administrative change leaves hundreds of thousands
of people at risk of potentially life-altering consequences without
essential legal help."
The lawsuit challenges U.S. Immigration and Customs Enforcement’s
(ICE) decision, first reported by The Associated Press, to remove the
locations of people facing final removal orders from its Online Detainee
Locator System and to instruct staff not to reveal their whereabouts.
The move has reportedly affected more than 16,000 of the nearly 69,000
detainees who were in ICE custody.
ICE and its parent agency, the Department of Homeland Security (DHS),
have not publicly confirmed the change but have said they are
prioritizing people with final removal orders for deportation. They have
also said they are facing a "historic number of injunctions" from courts
blocking their efforts. The agencies have denied that they are
disappearing detainees, saying they remain free to make phone calls.
"Illegal aliens in detention have several ways to communicate with
their family members and lawyers," DHS said in a statement responding to
the lawsuit. "The appropriate process due to an illegal alien with final
deportation orders is removal, plain and simple."
Since 2010, lawyers and family members have used ICE’s online system
to track detainees as they get moved from facility to facility through
ICE’s sprawling detention network.
Approximately 1.4 million people living in the U.S. are subject to
final orders of removal, which means an immigration judge has ruled they
should be deported and the decision has been upheld on appeal or not
appealed.
Those individuals still have several options to challenge the
conditions of their detention and looming deportations, including asking
to reopen proceedings, seeking relief from removal to third countries,
and challenging violations of their rights. Federal judges have ruled
thousands of times that detainees should be released or granted bond
hearings.
Since the change went into effect, lawyers have been unable to find
clients and potential clients and have spent "significantly more time"
tracking down others, the lawsuit says. Calls to ICE, including to its
Detention and Removal Information Line, "lead to long wait times on
hold, sudden hang-ups, a general lack of information, or no answer at
all," it says.
As a workaround, some lawyers have tried to find their clients
through an ICE program that schedules legal calls, but only a small
percentage of detention centers use it, the lawsuit says. The result has
been delayed or missed legal filings and fewer cases taken, according to
the organizations.
The lawsuit argues the change violates the Administrative Procedure
Act because it was adopted without explanation and the First Amendment,
which protects lawyers’ ability to advise people of their legal rights
and seek prospective clients.
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