Disability Access

The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability and requires that no person with a disability be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against people with disabilities in federally conducted programs or programs that receive federal financial assistance. Modifications to policies, practices, and procedures, or auxiliary aids and services are available as needed for persons with disabilities to ensure effective communication and equal access to ICE’s programs and activities.

Section 508 of the Rehabilitation Act of 1973 requires that when federal agencies develop, procure, maintain, or use Information and Communications Technology (ICT), federal employees with disabilities have access to and use of information and data that is comparable to the access and use by federal employees without disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that any person with a disability from the general public seeking information or services from a federal agency have access to and use of information and data that is comparable to that provided to persons without disabilities, unless an undue burden would be imposed on the agency.

If the format of any material on our website interferes with your ability to access the information, due to an issue with accessibility caused by a disability, please contact the ICE Section 508 Coordinator for assistance. To enable us to respond in a manner most helpful to you, please indicate the nature of your accessibility problem, the preferred format in which to receive the material, the web address (URL) of the material with which you are having difficulty, and your contact information. Please click here to review the ICE website policies.

ICE Disability Access Plan: Provides an overview of ICE’s policies and procedures to enhance access to, and participation in, ICE-conducted programs, activities, and services for people with disabilities.

ICE Policy Statement 8016.2: Civil Rights and Civil Liberties: This policy statement commits ICE to upholding the civil rights and civil liberties of ICE personnel, and all individuals we encounter, which is integral to the execution of the ICE mission.

ICE Directive 8014.1: Section 508 Accessibility: Requires ICE Information and Communication Technology (ICT) is accessible to all, including employees, contractors, and the public, regardless of disability. The ICE Directive defines roles and responsibilities to implement Section 508 requirements under 29 U.S.C. § 794d and 47 U.S.C. § 255.

Title 6, Section 15.1: Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by the Department of Homeland Security: effectuates Section 504 of the Rehabilitation Act of 1973 (“Section 504”), as amended by section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which prohibits discrimination on the basis of disability in programs or activities conducted by Executive agencies.

The term “Individual with a Disability” means any person who has a disability as defined in section 12102 of Title 42: who has:

• a physical or mental impairment that substantially limits one or more major life activities (an “actual disability”), or
• a record of a physical or mental impairment that substantially limits a major life activity (“record of”), or
• an actual or perceived impairment, whether or not the impairment limits or is perceived to limit a major life activity, that is not both transitory and minor (“regarded as”).

Major Life Activity: Basic activities that the average person in the general population can perform with little or no difficulty, such as (but not limited to) caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, concentrating, thinking, interacting with others, and working. A major life activity can also include the operation of a major bodily function.

Physical or Mental Impairment: Physical or mental impairments include any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; and any mental or psychological disorder such as a developmental delay, organic brain syndrome, emotional or mental illness, and conditions that cause learning impairments.

Reasonable Modification: A reasonable modification is a change or exception to a policy, practice, or procedure to allow members of the public with disabilities similar access to programs, services, and activities as that afforded to individuals without disabilities.

To request a reasonable modification, please contact your servicing ICE Field Office.

Some examples of reasonable modification requests include:

• Requesting a qualified sign language interpreter for effective communication during meetings or events.
• Requesting written materials be provided in accessible formats such as braille or large print.
• Requesting live third-party captioning for in-person, hybrid, and virtual events and meetings.
   

Service Animals: A service animal is a dog trained to do work or perform tasks for the benefit of an individual with a disability. To qualify, the animal must be able to perform disability-related work or tasks such as guiding, alerting to sounds, retrieving items, picking up items, detecting and protecting a person at the onset of a seizure, reminding a person to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. To qualify, a psychiatric service animal must be able to take independent action to alert – i.e. prior to an anxiety/panic attack. The action must be consistent and taken without cues from the handler. A dog still in training does not count as a service animal.

Generally, service animals are allowed to accompany individuals with disabilities in ICE facilities where the public is normally allowed to go. Service animals or guide dogs are allowed at federal facilities if the following conditions are met:

• The animal has a harness, leash, or other tether; or otherwise, is under the handler’s control (e.g., voice control, signals, or other effective means).
• Does not cause a fundamental alteration of the program or activity.
• Is not a direct threat.
• Does not violate a legitimate safety requirement.

Contact Us

There are numerous ways for members of the public to contact ICE Enforcement and Removal Operations (ERO) to request assistance with disability access issues:

Contact ICE ERO Field Offices or Detention Facilities directly.

ICE Enforcement and Removal Operations (ERO) may be contacted through the ERO Contact Form.

Community members may raise detention-related questions and concerns to ICE ERO by calling the toll-free ICE ERO Detention and Information Reporting Line at 1-888-351-4024.

To request ICE Office of Diversity and Civil Rights assistance with disability access issues, please contact the ICE Disability Access Coordinator at ICECivilLiberties@ice.dhs.gov.

How to File a Complaint

Complaints regarding disability access under Sections 504 and 508, may be submitted to the DHS Office for Civil Rights and Civil Liberties. Click the File a Civil Rights Complaint link, which will direct you to the DHS website to submit your complaint.

Individuals may also submit complaints directly to ICE by emailing ICECivilLiberties@ice.dhs.gov. ICE will refer complete complaints to DHS.

Resources

The DHS.gov Disability Access website contains DHS regulations, policies, guidance, component disability access plans, component resources, and other federal resources.