Legal Aides Seek Court Order to Expose 16,000 ICE Detainees

Federal courts have long served as the primary check on immigration enforcement procedures, but a new dispute has emerged over how easily advocates can access the people in government custody. On Wednesday, four legal organizations filed a lawsuit in federal court in Boston challenging a recent change by U.S. Immigration and Customs Enforcement.

The suit targets an ICE policy that removed the locations of detainees with final removal orders from its Online Detainee Locator System. Staff were also instructed not to verbally disclose where these individuals are held. The legal groups argue this abrupt shift makes it difficult for attorneys to locate their clients. They are asking a judge to block what they describe as an unlawful and inhumane administrative change.

The policy affects more than 16,000 of the nearly 69,000 people currently in ICE custody. It was adopted last month to expedite deportations. Jacquelynne Bowman, executive director of Greater Boston Legal Services, one of the plaintiffs, stated that the change leaves hundreds of thousands of people at risk without essential legal help. She noted that no one should be denied the chance to defend their rights because their lawyer cannot find them.

ICE and the Department of Homeland Security did not immediately respond to requests for comment. The agencies have not publicly confirmed the locator change. They stated they are prioritizing individuals with final removal orders and are managing a historic number of court injunctions. They denied that detainees are disappearing, noting that individuals can still make phone calls.

Since 2010, lawyers and family members have used the online tool to track transfers within the ICE detention network. Approximately 1.4 million people in the United States have final orders of removal. These individuals retain the right to contest their detention, seek relief, or challenge procedural violations. Federal judges have repeatedly ordered the release of detainees or required bond hearings.

The lawsuit claims that since the policy began, attorneys have spent significantly more time tracking down clients. Calls to the Detention and Removal Information Line often result in long holds or disconnections. Some lawyers attempted to use an ICE program that schedules legal calls, but the suit says only a small share of detention centers participate. The plaintiffs argue the move violates the Administrative Procedure Act for lacking explanation and the First Amendment for hindering legal advocacy.