Legal Groups Sued in Boston to Stop ICE from Hiding Detainees' Locations

Four legal aid organizations filed a lawsuit in federal court in Boston on Wednesday to challenge a new policy by U.S. Immigration and Customs Enforcement.

The suit seeks a court order to block the agency's practice of removing the physical locations of detainees from its public online tracking system. The policy targets individuals who have already received final orders of removal.

Jacquelynne Bowman, executive director of Greater Boston Legal Services, which is one of the four plaintiffs, argued that the change prevents attorneys from locating their clients. "No one should be denied a real opportunity to defend their rights because the government has made it impossible for them to be located by their lawyer," Bowman said.

The complaint describes the policy as an illegal and inhumane shift that leaves hundreds of thousands of people without essential legal assistance. Bowman noted that this administrative change creates a risk of life-altering consequences for those in custody.

Immigration and Customs Enforcement removed the data for more than 16,000 individuals from its Detainee Locator System last month. That group represents a portion of the nearly 69,000 people currently held in federal custody. The Associated Press first reported on the agency's internal decision to hide these locations.

The lawsuit alleges that the change violates the Administrative Procedure Act because it was adopted without explanation. It also claims the policy infringes on the First Amendment rights of lawyers to advise clients and seek new cases.

Since the policy took effect, attorneys have struggled to find their clients. The complaint states that calls to the agency's detention and deportation information line often result in long wait times, sudden disconnections, or a complete lack of information. Some lawyers have resorted to using an internal scheduling program for legal calls, but that tool is available at only a small percentage of detention centers.

The Department of Homeland Security, the parent agency of Immigration and Customs Enforcement, did not publicly confirm the specific change in tracking procedures. However, officials stated that they prioritize the removal of individuals with final deportation orders. The department also noted that it is facing a historic number of preliminary injunctions from courts blocking its efforts.

In a statement, the Department of Homeland Security said that detained individuals have multiple ways to communicate with family members and attorneys. "The appropriate process for an illegal alien with final orders of deportation is removal, plain and simple," the department said.

Approximately 1.4 million people in the United States are subject to final orders of removal, meaning an immigration judge has determined they must be deported and an appeal has confirmed that decision. These individuals retain the right to challenge their detention conditions or seek relief from deportation to a third country. Federal judges have previously ordered the release of detainees or granted bond hearings in thousands of cases.