Greetings. This installment of Immigration Disclosures highlights the Council’s most recent lawsuit to get information from immigration enforcement agencies about an Alternative to Detention (ATD) Program, and the Council’s work to request city-level data about refugee resettlement from the U.S. Department of State.
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Due to the Council and its partners’ efforts, U.S. Citizenship and Immigration Services (USCIS) reported that it processed 99.3% of new A-File requests the agency received between December 2023 and March 2024. A-Files contain crucial information about individuals’ immigration history. They are vital when people apply for immigration benefits or seek defense against removal. Read USCIS’ latest compliance report here.
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On April 25, in a joint collaboration with our research team, the Council’s transparency team filed a FOIA request with U.S. Department of State to acquire data on refugee resettlement practices in U.S. cities in the past four years. This information is crucial to municipalities looking to implement policies that welcome refugees into their communities. The Council requested that Department of State publish this data on its website. Read the request here.
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Borderland, The Line Within, a documentary about resistance against the “border industrial complex” will debut on May 3 at an event in New York City. The documentary – directed by Pamela Yates and produced by Skylight – features footage obtained with the Council’s assistance from a Border Patrol raid on a camp set up to assist migrants crossing the U.S.-Mexico border. Watch the trailer here.
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Council Sues to Obtain Information on the Families Expedited Removal Management Program
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On April 5, the Council filed a lawsuit under the Freedom of Information Act (FOIA) to compel immigration agencies to disclose information about the implementation of the Families Expedited Removal Management (FERM) program. The FERM program is an Alternative to Detention (ATD) that allows U.S. Immigration and Customs Enforcement (ICE) officers to place the head-of-households of certain asylum-seeking families detained near the U.S.-Mexico border under surveillance.
Since its launch in May 2023, the FERM program has continued to expand throughout the nation. However, advocates lack information vital to families enrolled in the program. Families enrolled in the FERM program must attend credible fear interviews, which screen individuals for asylum eligibility by assessing whether they have a “credible fear” of returning to their country of origin. The program makes it easier for ICE officials to remove families who cannot effectively articulate this credible fear. Advocates working with enrolled families have reported that the process moves quickly, making it difficult for families to obtain legal representation. As such, people in the FERM program may be removed without an opportunity for immigration judges to assess their claims for protection.
The FERM program has been implemented in 45 cities throughout the country. Because ICE; U.S. Customs and Border Protection (CBP); and their parent agency, U.S. Department of Homeland Security (DHS) have all failed to provide details about the FERM program, the Council, along with the American Immigration Lawyers Association, filed a FOIA request to find out what criteria ICE uses to enroll families in FERM, and what information families receive about their rights during the process. The agencies did not respond to our request.
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Individuals enrolled in the FERM program need time to find attorneys to help them navigate the credible fear process.
- To track individuals enrolled in the FERM program, ICE uses SmartLINK, an app operated by BI, Inc., a subsidiary of the private prison company Geo Group.
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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.
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