THE LATEST FILINGS
- Urging ICE to Publish Information on its Bond Payment Procedures
As a part of the “reading room” provisions of the Freedom of Information Act (FOIA), agencies are obligated to proactively publish certain records for public inspection like policy statements and staff directives that affect the public, among others. U.S. Immigration and Customs Enforcement (ICE) has not been complying with this requirement regarding its bond procedures, resulting in frequent obstacles for individuals and local organizations trying to pay bonds for the release of loved ones and community members in ICE detention.
To get clarification about ICE’s practices, the Council and its partners filed a FOIA request for information about the agency’s policies and procedures for accepting immigration bonds and securing the release of individuals in detention. The request specifies that ICE should make information, such as its offices’ hours of operation, accepted forms of payment, and procedures to follow when the agency cancels or revokes a bond, publicly available on its website. Publication of the requested information will bring much needed transparency to ICE’s bond processes and will enable those looking to pay a bond or obtain a bond refund to navigate ICE’s procedures more effectively.
Read more: Compelling ICE to Publish Information About its Bond Procedures
WHO WE'RE SUING (AND WHY)
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U.S. Citizenship and Immigration Services (USCIS)
In the nearly 12 months since the U.S. announced its intent to withdraw from Afghanistan, over 45,000 applications for humanitarian parole have been filed by Afghans in vulnerable situations. Despite President Biden’s directive to support vulnerable Afghans resettle in the United States, U.S. Citizenship and Immigration Services (USCIS) has processed less than 2,500 of these applications, of which 2,200 have been denied.
Due to the limited publicly available information about the humanitarian parole adjudication process for Afghan nationals or the agency’s performance in adjudicating these applications, the Council and the International Refugee Assistance Project (IRAP) filed a FOIA request with USCIS seeking records, including guidance and data, about the agency’s implementation of humanitarian parole and refugee processing for Afghan nationals. This request followed an earlier request filed by IRAP for procedures related to the adjudication of these applications. When USCIS failed to produce records in response to these requests, the Council filed a lawsuit under FOIA to obtain those records.
The requested records will provide critical insight on the significant delays Afghans face when applying for humanitarian parole and refugee processing and will assist advocates in helping Afghan nationals seeking safety.
Read more: Council Sues USCIS To Obtain Records About Humanitarian Parole Applications of Afghan Nationals
The American Immigration Council works to hold the government accountable on immigration issues. We harness freedom of information requests, litigation, and advocacy to expose wrongdoing and promote transparency within immigration agencies.
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