IMMIGRATION DETAINEE TRANSFER UPDATE

On January 4, 2012 USCIS issued the following directive regarding detainee transfers:

1) Unless a transfer is deemed necessary by a Field Office Director (“FOD”) or his/her designee under paragraph(3) of this section, ICE Supervisory Immigration Officer(s) will not transfer a detainee when there is documentation to support the following:

a) Immediate family within the Area of Responsibility (“AOR”);

b) An attorney of record (Form G-28 on file);

c) Pending or on-going removal proceedings, where notification of such proceedings has been given, within the AOR; or

d) Been granted bond or has been scheduled for a bond hearing.

2) The Immigration Officer will conduct a review to determine whether any of these factors exist. Before a transfer is made in a case where one or more of these factors exist, the transfer must be approved at the Assistant Field Office Director level or higher, and the reasons for the transfer must be documented in the detainee’s A-File.

3) A transfer may be deemed necessary by a FOD or his or her designee for any of the following reasons:

a) To provide appropriate medical or mental health care to the detainee;

b) To fulfill an approved transfer request by the detainee;

c) For the safety and security of the detainee, other detainees, detention personnel or any ICE employee;

d) At ICE’s discretion, for the convenience of the agency when the venue of EOIR proceedings is different than the venue in which the alien is detained;

e) To transfer to a more appropriate detention facility based on the detainee’s individual circumstances and risk factors;

f) Lack of sufficient use of the facility by ICE, or emergent situations; or

g) To relieve or prevent facility overcrowding; in such cases, efforts should first be made to identify for transfer those detainees who do not meet any of the criteria listed in section 5.2(1).

Miller|Conway, South Carolina immigration attorneys, will keep you updated on current immigration laws, ICE, USCIS and DHS memoranda and protocols via the NEWS section of the Miller|Conway website.  Contact us to speak with an immigration attorney.