Lawsuit seeks to stop ICE from hiding detainees with final removal orders

Four legal aid groups asked a federal court in Boston to block an ICE policy that removes detainees with final deportation orders from the agency's online locator, saying it cuts families and lawyers off from tens of thousands of people.

Four legal aid organizations, including Greater Boston Legal Services, filed a lawsuit Wednesday in federal court in Boston seeking to stop U.S. Immigration and Customs Enforcement from hiding the whereabouts of detainees who have final orders of removal.

The policy, adopted abruptly last month, removes those detainees from ICE's Online Detainee Locator System, the public database that families and attorneys use to find people in immigration custody. The groups say the change affects tens of thousands of people, while El Paso Matters reported that it covers more than 16,000 detainees.

Inside an ICE detention facility in Newark, New Jersey (file photo)

Groups say the change violates federal law and the First Amendment

The plaintiffs argue the change violates the Administrative Procedure Act because it was made without explanation, and that it infringes on lawyers' First Amendment right to advise their clients. They are asking a judge to block the policy.

The lawsuit also says ICE's program for scheduling legal calls is available at only a small share of detention centers, making it harder for attorneys to reach clients whose locations no longer appear online.

DHS says detainees can still call family and lawyers

ICE and the Department of Homeland Security have not publicly confirmed the change but have said they are prioritizing people with final removal orders for deportation. "Illegal aliens in detention have several ways to communicate with their family members and lawyers," DHS said, adding that detainees remain free to make phone calls.

About 1.4 million people living in the United States are subject to final orders of removal.

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