ICE adds new level of appeal for migrants facing detention, deportation


In this July 8, 2019, file photo, U.S. Immigration and Customs Enforcement (ICE) officers detain a man during an operation in Escondido, Calif. A federal judge has blocked the Trump administration’s move to vastly extend authority of immigration officers to deport people without allowing them to appear before judges, the third legal setback for its immigration agenda in one day. (AP Photo/Gregory Bull, File)

EL PASO, Texas (Border Report) – The federal government will allow migrants and their advocates to challenge detention and deportation through an additional mechanism announced Friday.

The U.S. Immigration and Customs Enforcement Case Review (ICR) is for individuals who believe their case doesn’t align with the federal government’s stated priorities of detaining and removing criminal foreigners, threats to national security and recent arrivals.

Migrants previously could challenge detention and removal orders at a local and regional level. ICR adds one more level of appeal at the senior officer level.

ICE Acting Director Tae D. Johnson

“ICE remains dedicated to providing multiple lines of communication for non-citizens or their representatives, to discuss individual cases,” ICE Acting Director Tae D. Johnson said in a statement Friday. “The case review process provides an avenue for non-citizens and their representatives to request further review of the individual facts and circumstances of their case in light of ICE’s priorities for enforcement, detention, and removal, offering additional transparency into the immigration process.”

Johnson previously outlined interim guidelines for priority detentions and deportations in a Nov. 18 memo. But in that document he also warned this doesn’t mean ICE agents can’t carry out their jobs.

“It is vitally important to note that the interim priorities do not require or prohibit the arrest, detention or removal of any non-citizen. Rather, officers and agents are expected to exercise their discretion thoughtfully, consistent with ICE’s important national security, border security and public safety mission,” he wrote. “Enforcement and removal actions that meet (the criteria) are presumed to be a justified allocation of ICE’s limited resources.”

National security threats include terrorists, spies and people whose arrests are deemed necessary to protect the state. Border security removal priorities include those who weren’t physically present in the U.S. prior to Nov. 1, 2020. Public safety threats include convicted gang members of people found guilty of aggravated felonies as defined in the Immigration and Naturalization Act (INA).

For more information and guidance on how to submit a detention case review with the ICR process, visit

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