Politics
Ohio detainee’s disappearance from ICE locator raises concerns over access to lawyers
An Ohio nurse was unlisted in ICE’s online detainee locator for 32 hours after her arrest, leaving her family and attorney unsure where she was. Her attorney says the change is part of a broader removal of people with final deportation orders from the database.
An Ohio immigration attorney says she and her client’s family spent 32 hours unable to find the woman in Immigration and Customs Enforcement’s online detainee locator after ICE detained her and transferred her out of state.
The client, a nurse from Zimbabwe who lives with her family in Ohio, was taken into custody after an unexpected ICE visit, according to her attorney, Maya Lugasy, a senior attorney at Brown Immigration Law. She was later transferred from Geauga County to a detention center in Louisiana, Lugasy said. The woman’s name has not been released because of her ongoing immigration case.
Lugasy said she filed a formal petition on Friday and that the client called the family early Saturday to report the transfer. Not knowing where the woman was held made it difficult to seek legal relief, Lugasy said, because such filings generally must be brought in the federal district where a person is detained.
“Not knowing where they’re detained really frustrates any effort to try to secure their release,” Lugasy said.
The case comes amid reports from immigration attorneys and advocates that, since Sept. 15, people with final removal orders have stopped appearing in the ICE locator. Thousands may have been removed, according to those reports. The database is intended to help the public find people in ICE custody or people held by U.S. Customs and Border Protection for more than 48 hours.
Lugasy said multiple ICE officers told her they had new instructions not to disclose the locations of detainees with final removal orders. She said ICE had not formally notified her of a policy change. The agency did not directly confirm such a change in its response, but said it makes custody decisions based on available space and ensures people are present for immigration proceedings or removal.
The Department of Homeland Security said detainees have opportunities to contact family members and lawyers and that the government follows constitutional due-process requirements. The department also rejected claims that ICE “disappears” people, saying such allegations negatively affect law enforcement.
A final removal order does not necessarily mean immediate deportation. Lugasy’s client had been ordered removed more than 15 years ago, but in 2010 an immigration judge granted her withholding of removal, a protection that bars deportation to a country where she would face safety risks.
People with that protection may live and work in the United States under ICE supervision, but they cannot travel freely or pursue a path to citizenship, Lugasy said. Her client had checked in with ICE annually, she said.
The Trump administration is seeking to deport some immigrants to countries other than their home nations, a policy that could affect people protected from return to their countries of origin. An ICE officer told Lugasy her client could be sent to Cameroon, she said, though the woman is from Zimbabwe and has no connection to Cameroon.
A judge granted the client a temporary restraining order this week, barring her deportation for a week while the federal government responds. The U.S. Supreme Court has allowed the third-country deportation policy to proceed while it is challenged; formal arguments are scheduled for December.
Lugasy said a person can be detained and moved out of state within hours, making timely access to location information important for families and attorneys trying to provide legal support.