Greetings. This installment of Immigration Disclosures highlights a Freedom of Information Act (FOIA) request to obtain more information on the U.S. Coast Guard (USCG)’s practice of interdicting migrants encountered in vessels at sea. We also published a blog on Cash Electronic Bonds (CeBONDS) one year after its implementation and presented at the annual American Immigration Lawyers Association (AILA) Conference this month on the Freedom of Information Act (FOIA).
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On June 2023, U.S. Immigration and Customs Enforcement (ICE) announced that it had fully transitioned from accepting in-person bond payments to now using CeBONDS. However, internal memos show that ICE had moved its deadline to later in the summer, but failed to broadcast this to “encourage the use and transition to CeBONDS.” One year after its implementation, regulations on submitting in-person bond payments remain unclear. Read more here
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Between June 12–16, the American Immigration Lawyers Association (AILA) held its annual conference in Chicago. Deputy Legal Director, Raul Pinto, spoke at a panel titled “FOIA Litigation and Administrative Appeals” addressing best practices in appealing negative determinations and suing agencies under the FOIA. Watch here
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The Council Files a FOIA to Obtain USCG Records
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On June 28, the Council filed a FOIA request to obtain records on the USCG’s procedures and agency training materials for interdicting migrants found in vessels at sea. The USCG – a subcomponent of U.S. Department of Homeland Security – is tasked with intercepting vessels suspected of irregularly transporting goods and persons.
Maritime migrant interdictions date back to 1981 when former President Reagan signed Executive Order (EO) 12324, “Interdiction of Illegal Aliens” in an attempt to constrain Haitian migration by sea. Prior to this order, USCG could repatriate vessels surmised of transporting undocumented migrants only after they had reached U.S. shores. This EO authorized USCG to begin intercepting vessels on the high seas granted that USCG personnel adequately screened migrants for asylum claims. In 1992, former President Bush signed EO 12807 abolishing the screening requirement, thereby sanctioning USCG to repatriate migrants automatically. Consequently, thousands of Haitians were labeled as “economic migrants,” barred from reaching U.S. shores to seek asylum, and repatriated. This EO remains in effect today.
Approximately 43 years after its initial implementation, there is still a dearth of information about USCG’s policies regarding the processing and treatment of migrants interdicted on vessels. For example, little public information exists on the standards USCG uses to transfer migrants to the Migrant Operation Center (MOC) in Guantanamo Bay, to transfer unaccompanied minors to U.S. Customs and Border Patrol (CBP) or the Office of Refugee Resettlement (ORR), or to transfer of migrants requiring medical treatment. Multiple news sources and law journals have noted over the years that the little explicit guidelines on USCG interdiction procedures have led to widespread debate on the legal basis of interdiction policy. As such, the Council has requested information about the biographic profile of migrants interdicted; dates and timings of interdictions and repatriation; as well as notes on manifestation of fear and credible fear.
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Unlike the U.S.-Mexico border, which media reports have described as being closely monitored by advocates, courts, and the press, maritime immigration enforcement takes place out of the public view limiting the public’s understanding of USCG interdiction policies. Revealing information about USCG policies and protocols will determine whether there are disparities in the screening process among migrant nationalities.
- Uncovering more information about the standards USCG uses to repatriate migrants, or allow them to pursue claims to asylum, will allow us to understand the rights of migrants at sea vs. on land.
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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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