NEW ICE WORKSITE IMMIGRATION ENFORCEMENT GUIDELINES

The Office of Immigration and Customs Enforcement (ICE) in the Department of Homeland Security has released “Guidelines for Identifying Humanitarian Concerns among Administrative Arrestees When Conducting Worksite Enforcement Operations”. The guidelines are the product of discussions that took place following the arrest last March of 350 workers at the Michael Bianco factory in New Bedford. The guidelines set forth practices for quickly identifying persons arrested who are sole caregivers or who should be released from custody for other humanitarian reasons. The guidelines only apply to worksite enforcement operations targeting the arrest of more than 150 persons. Ali Noorani, Executive Director of the Massachusetts Immigrant and Refugee Advocacy Coalition said in a statement "While the Office of Immigration and Customs Enforcement should be recognized for acknowledging the fact that immigrants are human beings, it makes little sense that these new guidelines are not applicable to each and every enforcement action. Are (the) families of 149 people less valuable than those of 150?"

A brief summary of the guidelines:

  1. Prior to conducting a worksite enforcement operation targeting the arrest of more than 150 persons, ICE should develop a comprehensive plan to identify, at the earliest possible point, any individuals arrested who may be sole care givers or who have other humanitarian concerns, including those with serious medical conditions that require special attention, pregnant women, nursing mothers, parents who are the sole caretakers of minor children or disabled or seriously ill relatives, and parents who are needed to support their spouses in caring for sick or special needs children or relatives. Where practical, at the direction of the Assistant Secretary, ICE will continue to implement these guidelines in all smaller worksite enforcement operations.
  2. ICE should coordinate with the Department of Health and Human Services, Division of Immigration Health Services (DIHS), to provide a sufficient number of personnel to assess the humanitarian needs of arrestees at the ICE processing site. (There are also provisions for local social services agencies to take on this role if DIHS is unable to.)
  3. DIHS personnel should be given prompt access to all arrestees under safe and humane conditions on the day of the action.
  4. To the greatest extent possible, the information provided in the course of such assessments should be used exclusively for humanitarian purposes.
  5. If, during the course of the arrest operation or processing, an emergency medical condition is identified, ICE will ensure that arrestees receive appropriate emergency medical care.
  6. Humanitarian screening should occur at a time and place determined by ICE within 12 hours of the enforcement action, or as soon as practical.
  7. As in all ICE law enforcement operations, ICE should provide arrestees with adequate food and water and allow reasonable restroom access. Arrestees will be restrained when operationally necessary in accordance with ICE policy
  8. All ICE law enforcement officers receive training and guidance to ensure that individuals are provided access to legal counsel.
  9. As in all ICE law enforcement operations, ICE should ensure that all personnel assigned to the operation receive detailed instructions on what steps to take if they encounter individuals with humanitarian concerns.
  10. During processing ICE should provide arrestees with oral notice, and written where practical, in their first language of their right to legal counsel and communication with consular officers, along with a list of pro bono legal services in the area. As soon as practical after processing, ICE should grant arrestees an opportunity to meet or speak by phone with legal counsel and consular officers. ICE should facilitate all such communication, as well as communication with family members, by providing free and reasonable telephone service.
  11. Once ICE determines that an arrestee will be removed, ICE should give the arrestee adequate notice and access (by phone at a minimum) to relatives so that s/he may make plans for dependents. If the family requires assistance from a social service agency, ICE should facilitate contact by providing the arrestee with contact information for the agency. ICE should provide the arrestee access via telephone and, where possible, direct visits with the agency at the detention facility.
  12. ICE should staff a dedicated toll free hotline so that relatives seeking information about the location of a family member will have reliable up-to-date information. ICE should publicize the hotline information to the community.

Reminder: on our website we have additional materials that can be given to undocumented immigrants about their rights when detained. www.mghsocialwork.org staff access > special populations > immigrants > Immigration Raids, Know Your Rights.

-Adapted from “New ICE Worksite Immigration Enforcement Guidelines Fall Short”, at http://www.miracoalition.org/press/press-releases/press-statement-new-ice-worksite-immigration-enforcement-guidelines-fall-short linked from MIRA Bulletin: 20 November 2007.

11/07