This newsletter highlights the Council's transparency work.
December 11, 2023
Greetings. This installment of Immigration Disclosures highlights our Freedom of Information Act (FOIA) request to find out more about the Family Expedited Removal Management program.
Initial Disclosures:
In what advocates hope becomes a positive trend, agencies have agreed to proactively disclose records in their electronic reading rooms, also known as FOIA libraries. While these disclosures have been in response to FOIA lawsuits, proactive disclosures should become the norm so that the government lives up to its promise to strengthen transparency.
The International Refugee Assistance Project (IRAP) highlighted the work of the Council and its litigation partners in Nightingale v. USCIS, which addressed USCIS’ FOIA backlog for A-files, in its report uncovering information on how USCIS and the U.S. Department of State process FOIA requests.
The Council and AILA File FOIA Requests to Get Information on FERM Program
On November 21, the Council, along with the American Immigration Lawyers Association (AILA), filed FOIA requests with U.S. Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) to get records about the Family Expedited Removal Management program (FERM). On May 10, ICE announced implementation of the FERM program, which places families in an alternative to detention to “confirm family units apprehended at the southwest border comply with credible fear interview appointments and immigration judge review hearings.” In the first three months of implementation, the program grew from four initial cities to 18.
The FERM program, however, places restrictions on asylum-seeking families while they wait for their credible fear interviews. These restrictions include electronic surveillance and an overnight curfew. The request for information followed reports from partner organizations indicating that FERM families faced limited time to obtain legal assistance and prepare for their immigration proceedings. These restraints on migrants’ liberty and expedited asylum timelines undermine families’ rights and contribute to the urgent need for details about the program’s implementation and efficiency. The information requested seeks to better understand the implementation of the FERM program and its rapid expansion. Despite FERM’s expansion, information about the program continues to be extremely limited.
The requests seek information about a) the criteria used to place families in the program; b) the type of data collected by the agency from individuals enrolled; c) agency documents informing participants about their rights during the process; d) information about the program’s funding; and e) data on FERM participants’ demographic information and their credible fear interview passage rates.
Why does this matter?
Impacted communities deserve to know the criteria the government follows in placing families in FERM and what their rights are during the process. This information is crucial so that participants may meaningfully prepare by consulting with counsel and have their asylum claims heard.
Families are being rushed to deportation within 30 days of arrival. Disclosure of this information is critical for families in FERM to protect their rights and avoid fast-track deportations.
The American Immigration Council works to hold the government accountable on immigration issues. We harness freedom of information requests, litigation, and advocacy to expose the wrongdoing and promote transparency within immigration agencies. Make a donation today.
