Legal Notices

Ms. L. v. ICE, No. 18-428

December 11, 2023

Al Otro Lado v. Mayorkas, Case No. 17-02366 (S.D. Cal.)

April 8, 2022

Dong, et al. v. Johnson, et al., No. 2:17-2092-ES-JSA (D.N.J. filed Mar. 30, 2017)

January 28, 2022

Plaintiffs in this class action are current and former F-1 and F-2 nonimmigrants who previously enrolled at the University of Northern New Jersey (UNNJ), an undercover school set up by the Department of Homeland Security. On November 22, 2021, the Parties reached a Preliminary Settlement Agreement. On May 3, 2022, the Court granted the Parties’ Joint Motion for Final Class Certification and Final Settlement Approval.

In its order, the Court certified a class consisting of “[a]ny noncitizen who, for any period of time, enrolled (or was found by Defendants to have enrolled) in the University of Northern New Jersey (‘UNNJ’) or the spouse or child of such a noncitizen who was accorded derivative student (F-2 nonimmigrant) status by virtue of the principal spouse or parent’s enrollment in UNNJ. The Final Settlement Agreement affects you if you are a member of this class. If you are a member of this class, you should read this “Notice of Proposed Class Actions Settlement” (“Notice”) carefully as it explains certain time-limited opportunities you may qualify to pursue. This Notice also explains certain obligations you will be required to comply with due to approval of the Final Settlement Agreement.

To see the Notice and the Final Settlement Agreement, please click the links below. If after reviewing the Settlement Agreement you still have questions, you can contact Plaintiffs’ Counsel (see contact information in the Notice).

Castañon Nava v. Dep’t of Homeland Security, et al., No. 18-cv-3757 (N.D. Ill. filed Dec. 18, 2018)

December 1, 2021

Following an immigration enforcement action in the Chicago area of responsibility (AOR), five noncitizens and two nongovernmental organizations, the Illinois Coalition for Immigrant and Refugee Rights and Organized Communities Against Deportations, filed a putative class action seeking declaratory and injunctive relief against U.S. Immigration and Customs Enforcement (ICE) to ensure that ICE “complies with its clear statutory obligations under [the INA] when conducting warrantless arrests.” Specifically, Plaintiffs allege that ICE Enforcement and Removal Operations (ERO), with the assistance of ICE Homeland Security Investigations (HSI), violated the Fourth Amendment, section 287(a)(2) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1357(a)(2), and the Administrative Procedure Act by conducting pretextual vehicle stops rather than having reasonable articulable suspicion in apprehending undocumented noncitizens in the ERO and HSI Chicago AOR. On January 24, 2020, the Northern District of Illinois denied the government’s motion to dismiss, finding that the court had jurisdiction to review the case and the NGOs had organizational standing to bring this action. Castañon Nava v. DHS, 435 F. Supp. 3d 880 (N.D. Ill. 2020).

On November 30, 2021, the parties executed a settlement agreement, which was filed with the court that same day. On December 1, 2021, the court preliminarily approved the agreement and scheduled the fairness hearing for February 8, 2022. The copies of the notice of the fairness hearing and the preliminary agreement are attached.

ICE Interim Litigation Position Regarding Motions to Reopen in Light of the U.S. Supreme Court Decision in Niz-Chavez v. Garland

June 9, 2021

On April 29, 2021, the Supreme Court decided Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021), which involved eligibility for “cancellation of removal,” a type of discretionary immigration relief available in removal proceedings that requires noncitizens to demonstrate that they have accrued a specific period of continuous residence or continuous physical presence in the United States. In Niz-Chavez, the Supreme Court held that the two-step process, whereby (1) DHS serves upon a noncitizen a Notice to Appear (NTA) for removal proceedings that does not include the time and/or place of the first removal hearing and (2) the immigration court later serves a notice of hearing providing that information, does not trigger the “stop-time rule” that cuts off the noncitizen’s accrual of the required time.

In light of this ruling, some noncitizens who were denied cancellation of removal for apparent failure to accrue the statutorily required period of continuous residence or continuous physical presence or who decided not to pursue cancellation relief under the belief that the NTA they were issued under this two-step process terminated their accrual of the required period of time may now be eligible to request such relief from removal in removal proceedings. To address such cases, for 180 days from the date of the Supreme Court’s decision (i.e., until November 16, 2021), ICE attorneys handling removal cases before the Executive Office for Immigration Review (EOIR) will presumptively exercise their prosecutorial discretion to join or not oppose a motion to reopen filed by such noncitizens who demonstrate that they are prima facie eligible for cancellation of removal. To the extent they have not already done so, such noncitizens will need to submit complete cancellation of removal applications, along with any required supporting documents. ICE attorneys will review such motions or joint motion requests on a case-by-case basis, consistent with applicable guidance on the exercise of prosecutorial discretion, including the May 27, 2021, memorandum from the ICE Principal Legal Advisor, Interim Guidance to OPLA Attorneys Regarding Civil Immigration Enforcement and Removal Policies and Priorities. The decision whether to reopen such cases will remain within the discretion of EOIR.

Under this interim litigation position, when EOIR grants such a motion to reopen, eligible noncitizens will have an opportunity to present their cancellation of removal claims to an immigration judge and receive a decision on the merits. This position is an example of ICEs expectation that, when exercising their prosecutorial discretion, our immigration attorneys will adhere to the enduring principles that apply to all of their activities: upholding the rule of law; discharging duties ethically in accordance with the law and professional standards of conduct; following the guidelines and strategic directives of senior leadership; and exercising considered judgment and doing justice in individual cases, consistent with agency priorities.

Questions about this litigation position or the process for initiating a joint motion to reopen should be directed to your local ICE Office of the Principal Legal Advisor field location.

Saravia v. Barr, Case No. 3:17-cv-03615 (N.D. Cal.)

January 14, 2021

On January 14, 2021, the United States District Court for the Northern District of California granted final approval of a settlement agreement in Saravia v. Barr, 3:17-cv-03615 (N.D. Cal. January 14, 2021). The below covers the provisions of the settlement that apply to a class of noncitizen minors who: 1) came to the United States as unaccompanied minors; 2) were previously detained in the custody of the Department of Health and Human Services (HHS), Office of Refugee Resettlement (ORR) and then released to a sponsor by ORR; and 3) have been or will be rearrested by the Department of Homeland Security (DHS) on the basis of a removability warrant based in whole or in part on allegations of gang affiliation:

1. Measures identifying class members and coordinating with HHS ORR and EOIR about transferring class members into appropriate custody facilities and scheduling bond hearings. ICE will refer to a flowchart issued by JFRMU to determine class member eligibility. ICE will report the rearrest of class members to the ACLU. The agency also will a) serve a notice on the class member, his/her counsel, and the ACLU specifying the class member’s venue preference (EOIR will convene the hearing in the jurisdiction of the class member’s rearrest unless s/he elects to have the hearing in the jurisdiction of his/her current detention or residence), nature of the proceedings, and basis for the rearrest, b) file the notice with the immigration court in the appropriate jurisdiction as soon as practicable, and c) prove at the in-person hearing change of circumstances that the class member is either a danger to the community or flight risk. EOIR will schedule the hearing within 10 calendar days of rearrest unless a continuance is granted or venue is changed.
2. Dissemination of guidance or broadcasts regarding the Saravia settlement agreement.
3. Training employees on the agreement and providing a copy of the broadcasts and training materials to the ACLU subject to any privilege(s).
4. An alternative to dispute resolution process should a noncomplying condition or incident occur.
5. Dismissal of the action and retention of jurisdiction of the agreement until 2026 at which point the agreement terminates.

2020 – SPLC v. DHS, et al (No. 18-0760) – Irwin County Detention Center

Unmonitored Phone Calls and Video Teleconference Meetings

All legal representative communication requests will be responded to and placed on the communication schedule within forty-eight (48) hours of the request, excluding weekends and holidays.

Unmonitored calls and video teleconference meetings with legal representatives can occur in the following ways:

By Facilitated Telephone Call

Legal representatives may make an appointment for a facilitated, unmonitored call with clients or prospective clients by contacting one of two dedicated Law Library Clerks at (229) 468-4121 ext. 2251 or 2252 or Irwinice@irwincdc.com, within 24-hours (excluding weekends and holidays) of the desired call time. If you do not reach a Law Library Clerk, simply leave the following information by voicemail message:

• Legal Representative’s Full Name
• Legal Representative’s Contact Information which includes all phone numbers and email addresses
• Name and Facility ID # or the A# of the detained individual

Facilitated telephone calls are scheduled from 9 a.m. to 5 p.m. Monday through Friday, but this availability time may be expanded in urgent situations. Phone calls will take place in a private room and will be scheduled in 60-minute increments. Legal representatives may request additional time when making the appointment. Additional time will be granted if available. The officer will advise the detainee when there are 5 minutes remaining in the call. Facilitated phone calls do not automatically end.

If legal representatives have a technical issue with a facilitated phone call, they can contact the Law Library Clerks at Irwinice@irwincdc.com or (229) 468-4121 ext. 2251 or 2252.

By Video Teleconference

Legal representatives may request video teleconference meeting appointments with their clients or potential clients 24-hours prior to the requested meeting time (excluding weekends and holidays) by contacting the Law Library Clerks at (229) 468-4121 ext. 2251 or 2252 or Irwinice@irwincdc.com. The following information must be in included in the email:

• Legal Representative’s Full Name
• Legal Representative’s Contact Information which includes phone number and email addresses
• Name and Facility ID # or the A# of the detained individual

Video teleconference meeting appointments are scheduled from 9 a.m. to 5 p.m. Monday through Friday, but this availability time may be expanded in urgent situations. The Law Library Clerks are available on-site during these hours. Video teleconference meetings will be scheduled in 60-minute increments. Legal representatives may request additional time when making the appointment. Additional time will be granted if available. The officer will advise the detainee when there are 5 minutes remaining in the videoconference meeting. Video teleconference meetings do not automatically end.

In addition to providing their general government-issued identification, legal representatives will also be required to show appropriate identification or documentation reflecting their status as an active legal representative, such as a state bar card, attorney license, paralegal license, or similar legal status.

If legal representatives have a technical issue with a video teleconferencing device, they can contact the Law Library Clerks at Irwinice@irwincdc.com or (229) 468-4121 ext. 2251 or 2252.

By Detainee Telephone System (DTS)

Unmonitored legal phone calls can also be made by detainees through the detainee telephone system from 5 a.m. to 11 p.m. Monday through Thursday and until 1 a.m. Friday and Saturday. These calls are placed by the detainee and are not scheduled through the facility. These calls are subject to the standard time limits imposed by the local phone service provider. Therefore, these calls will terminate after 15 minutes. However, detainees are able to make back-to-back phone calls.

Detainee calls made through the DTS pro bono platform are not monitored or recorded.

Legal representatives not already on the DTS pro bono platform can set up an account for unmonitored calls by emailing a request on letterhead with a maximum of two phone numbers to Irwin.attorneys@irwincdc.com or faxing it to (229) 468-4186. The numbers will be checked and approved by ICDC staff. ICDC will notify the legal representative when the numbers are approved. After approval, the legal representative will need to contact Correct Solutions at https://csgpay.com or 1-877-618-3516 to deposit funds into the account.

If legal representatives have technical or other difficulties with the detainee telephone system, they may email the issue to the Phone Maintenance Officer at phones.vtc@irwincdc.com.

Faxing Legal Documents

Documents Sent by Detainees to Legal Representatives

1. Monday through Friday at approximately 11 a.m. ICDC staff will make a verbal announcement to notify detainees that a Law Library Clerk will circulate in each housing unit to collect documents to be faxed. Detainees will be provided a cover sheet and envelope. The coversheet must be completed by the detainee and placed in the envelope along with the documents to be faxed. The detainee will write their name, A#, and housing unit on the envelope before giving it to the Law Library Clerk. One of two dedicated Law Library Clerks will collect the fax requests from the detainees. If detainees have an emergency or urgent fax request after this initial collection, he or she must notify an ICDC staff member so that a Law Library Clerk can return to his or her housing unit to collect the documents to be faxed.
2. One of the two dedicated Law Library Clerks will review the fax request coversheet form to determine the recipient of the fax (the underlying documents will be inspected but will not be read, consistent with PBNDS 2011 Sections 5.1 and 5.7), fax the legal documents, and enter non-confidential notes in the logbook. The envelope containing the documents and the transmittal receipt will be returned to the detainee. To ensure confidentiality, documents transmitted and received by fax will only be handled by the two dedicated Law Library Clerks or one of three dedicated and trained staff members.

Documents Sent by Legal Representatives to Detainees

1. The following fax number may be used to receive and transmit legal paperwork: (229) 468-5743.
2. Legal representatives transmitting documents should include a cover sheet containing the detained individual’s name and either their A# or Facility ID#.
3. This fax number and machine are used solely for transmitting or receiving legal documentation. As such, all transmissions received are treated as confidential and do not need to be marked as such. Once a fax transmission is received, one of the two Law Library Clerks will examine the coversheet of the fax transmission (the underlying documents will be inspected but not be read, consistent with PBNDS 2011 Sections 5.1 and 5.7). Incoming faxes will be placed in an envelope with the detainee’s name and A# written on the outside. This individual will then deliver the transmission directly to the detained individual in his or her housing unit. In the event that the Law Library Clerks are absent from the facility, this process is handled by one of three dedicated and trained staff members

Technical Difficulties

If legal representatives have difficulty in faxing or receiving legal documents to/from the above fax number, they may call the Law Library Clerks at (229) 468-4121, ext. 2251 or 2252. If no one answers, please leave a voicemail message.

Depositing Funds on Detainee Phone Accounts

For a convenient and secure way for detainees to deposit funds into phone accounts, two (2) account options are available:

1. Pre-Paid Accounts – This type of account is good for phone numbers listed by the payee only.
2. Inmate Pin Debit – This type of account is good for any number the detainee calls.

To make a deposit, customers must first set up an account online at https://csgpay.com/ or contact the call center at 1-877-618-3516. When setting up the account, you need to have the name, birth date, and location of the detainee (Irwin County Detention Center # 24027).

Note – Adding funds to Commissary is not available for Irwin County Detention Center (ICDC)

SPLC v. DHS, et al (No. 18-0760) – Stewart Detention Center

Unmonitored Phone Calls and Video Teleconference Meetings

All legal representative communication requests will be responded to and placed on the communication schedule within forty-eight (48) hours of the request.

Unmonitored calls and video teleconference meetings with legal representatives can occur in the following ways:

By Facilitated Telephone Call

Legal representatives may schedule facilitated telephone calls by emailing StewartLegalPhoneVisit@corecivic.com. Emails are checked daily between the hours of 9 a.m. to 6 p.m. Monday through Friday by the facility receptionist and on weekends and holidays by the appointed Case Manager. Phone calls are scheduled Monday through Friday between 8 a.m. and 6 p.m. in thirty (30) minute increments.

The following information must be in included in the email:

• Legal Representative’s Full Name
• Legal Representative’s Contact Information which includes phone number and email addresses
• Name and A# of the detained individual
• Requested date and time of the appointment, including alternate times if the first choice is not available

In addition to providing their general government-issued identification, legal representatives will also be required to provide appropriate identification or documentation reflecting their status as an active legal representative, such as a state bar card, attorney license, paralegal license, or other similar legal status. Additionally, a requested time for the call must be provided. Credential verification documents shall be attached to the email or faxed to (229) 838-6816, to the attention of the receptionist.

The call will be scheduled and the Unit Management Team staff will be notified of the time of the call. At the appointed time, facility staff will bring the detainee to a private room and place the detainee on the phone call. After the call is connected, the staff member will leave the room but will remain within eyeshot, but out of earshot. Phone calls shall not exceed thirty (30) minutes. The assigned staff member will advise the detainee that the call is scheduled to conclude, ten (10) minutes prior to the conclusion of the call. Additional time may be requested for verified urgent situations and may be granted if available.

Legal representatives should note the name of the staff member facilitating the call. To report or troubleshoot issues, such as connection or quality issues, to assist with or relay information regarding issues with calls, or for scheduling issues, the legal representative should call the facility receptionist at (229) 838-5000 Monday-Friday from 9 a.m. to 6 p.m. and speak to the appropriate point of contact. For connection and quality issues the point of contact is the Chief of Unit Management. For issues with scheduling and maintaining the schedule, the points of contact are the facility receptionist and the appointed Case Manger(s). To report issues on Saturday, Sunday, holidays and after hours (between 6 p.m. and 9 a.m.), the legal representative should call the facility at (229) 838-5000, which is monitored 24/7 by the Central Control Operator and ask to speak with the appointed Case Manager. If the Case Manager is unavailable, the on-duty shift Captain will be the point of contact.

By Video Teleconference

Legal representatives who wish to request video teleconference (VTC) appointments with their clients or potential clients must submit a request at least 24-hours prior to the requested meeting time by sending an email to StewartVTC@corecivic.com. The following information must be in included in the email:

• Legal Representative’s Full Name
• Legal Representative’s Contact Information which includes phone number and email addresses
• Name and A# of the detained individual
• Requested date and time of the appointment, including alternate times if the first choice is not available

Video teleconference meetings are scheduled from 8 a.m. to 6 p.m. Monday through Friday. Appointments are scheduled in 60-minute increments. Legal representatives are not limited on the number of VTC appointments they can request, but no legal representative is permitted more than one 60-minute appointment with a detainee in a single day. Legal representatives who anticipate a need for a longer consultation, are permitted to schedule video teleconferences with a single detainee on consecutive days. The officer will knock on the door and advise the detainee when the 60-minute time limit has expired.

Legal representatives should note the name of the staff member facilitating the video teleconference. To report or troubleshoot issues, such as connection or quality issues, and to assist with or relay information regarding issues with video teleconferences, the legal representative should call the facility receptionist at (229) 838-5000 and ask the receptionist to alert the Chief of Unit Management of the problem.

Any additional questions or concerns about VTC calls may be emailed to StewartVTC@corecivic.com.

By Detainee Telephone System (DTS)

Unmonitored legal phone calls can also be made by detainees through the detainee telephone system (DTS), which is located in facility housing areas, from 4 a.m. to 11 p.m. seven (7) days a week. Unmonitored calls placed through the DTS are not subject to standard cut off times. However, calls may be disconnected after 60 minutes. Detainees can make back-to-back calls. In addition, detainees will not be permitted to use the telephone system during scheduled facility counts, and after lights out.

Detainee calls made through the DTS pro bono platform are not monitored or recorded.

Legal representatives not already on the DTS pro bono platform can set up an account for unmonitored calls by sending a request to the Chief of Unit Management via facsimile ([229] 838-6816). The request should include the phone number(s) to which unmonitored calls may be made, government-issued identification, and appropriate identification or documentation reflecting their status as an active legal representative, such as a state bar card, attorney license, paralegal license, or other similar legal status. The numbers will be checked and approved by Stewart Detention Center (SDC) staff. SDC will notify the legal representative when the numbers are approved. After approval, the legal representative wishing to have a prepaid account may do so at https://www.globaltel.net (when signing up, select "Georgia" and "Stewart Det. Center – CCA (ICE)" from the dropdown lists) or by calling Talton Communications at 1-866-348-6321. If a legal representative changes their phone number(s), they should contact the facility to provide the updated phone number(s) for unmonitored calls.

Legal representatives who wish to confirm that their number is not monitored may email ICESupport@Talton.com and advise ICE's contracted telephone provider that their number is an attorney number. Talton can confirm that it will not be recorded or monitored. If legal representatives have technical or other difficulties with the detainee telephone system, they may contact the facility Investigator at (229) 838-5014.

Any additional questions or concerns regarding detainee legal communications may be directed to the facility operator (receptionist) at (229) 838-5000.

Faxing Legal Documents

Detainees housed at SDC may exchange legal documents with legal representatives via an electronic fax machine in the facility Law Library during normal hours of operation from 6 a.m. to 10 p.m., Monday – Friday.

Documents Sent by Detainees to Legal Representatives

1. Detainees wishing to send faxes to legal representatives must submit a Detainee Information Request to the Law Library Supervisor. The Law Library Supervisor will schedule all requests on a first-come, first-served basis. When scheduled, the detainee will bring to the Law Library the legal documents to be sent, along with the following information: the name of the legal representative, the name of the Law Firm (if applicable), the Law Firm's (or legal representative's) address, and office telephone and fax numbers. The detainee will complete a fax cover sheet provided at the time of transmission. The Law Library Officer will fax the documents in the presence of the detainee and return the original documents to the detainee. In the event a detainee is unable to go to the Law Library, arrangements will be made with the Law Library Officer.
2. Consistent with PBNDS 2011 Section 5.1 and 5.7, facility staff will inspect the outgoing documents for contraband in the presence of the detainee; the documents will not be read. After transmission, facility staff will return the documents and provide the fax confirmation to the detainee. For detainees who are unable to go to the law library and for whom special arrangements have been made to fax, the documents will be faxed by the Law Library Officer and then placed in an envelope with the detainee's name and A# along with the fax confirmation and returned to the detainee.

Documents Sent by Legal Representatives to Detainees

1. The following fax number may be used to receive and transmit legal paperwork: (229) 838-5038.
2. Legal representatives transmitting documents must include a cover sheet containing the detainee's name, A#, and total number of pages being sent.
3. Incoming faxes will be placed in an envelope with the detainee's name and A# written on the outside. The Law Library Officer will notify a Unit Team member who will have the detainee sent to the Law Library to get the faxed documents. If a detainee is unable to pick up the documents, they will be delivered in the envelope to the detainee. Consistent with PBNDS 2011 Section 5.1 and 5.7, facility staff will inspect the incoming documents for contraband in the presence of the detainee; the documents will not be read.

Technical Difficulties

If a legal representative has difficulty in faxing or receiving legal documents to/from the above fax number, the Chief of Unit Management may be reached at (229) 838-5000.

Torres, et al. v. DHS, et al. (No. 5:18-cv-02604)

April 11, 2020

Pursuant to the Preliminary Injunction issued in Torres v. DHS, attorneys representing detainees at Adelanto ICE Processing Center may:

• Request that the positive acceptance requirement (i.e. that a live person must answer the phone) be removed for their phone numbers. This request can be made by calling (760) 561-6160. Please note that if the positive acceptance requirement is removed from your phone number, your client may be charged for a call to your number that goes to a voicemail box or phone tree.
• Request and schedule confidential telephone calls with their clients, with at least 24 hours’ notice to the facility. This request can be made by calling (760) 561-6160.
• Request that their numbers be set to unmonitored, unrecorded, and free status from the housing unit phones. This request can be made by calling (760) 561-6160.
• Utilize the dropbox outside the Adelanto facility to drop off correspondence for their clients.
• Request contact information (mobile phone number, last name, and first initial) for the Deportation Officer assigned to their client’s case. This contact information shall be disclosed only to attorneys and their staff who represent Adelanto detainees in legal proceedings during the period the Preliminary Injunction is in effect. Pursuant to the Preliminary Injunction, the contact information is not to be disclosed to any third parties and shall be used only in connection with legal representation. This request can be made by calling (760) 561-6160.
• Email requests to #APCERO000-500@ice.dhs.gov or #APCERO501-999@ice.dhs.gov depending on the last three numbers of the detainee’s alien number.

Gonzalez v. ICE, No. 13-4416 (C.D. Cal. Feb. 5, 2020), ECF No. 574

February 5, 2020

On February 5, 2020, the U.S. District Court for the Central District of California entered a judgment in Gonzalez v. ICE, No. 13-4416 (C.D. Cal. Feb. 5, 2020), ECF No. 574. The judgment declared any detainer issued by a U.S. Immigration and Customs Enforcement (ICE) officer or agent in the Central District of California to a law enforcement agency (LEA) for a member of the Probable Cause Subclass, which is defined below, to be null and void and ordered ICE to immediately rescind all such detainers. The judgment also stated that ICE violates the Fourth Amendment by issuing detainers to state and local law enforcement agencies in states that do not expressly authorize civil immigration arrests on detainers in state statute. The judgment directed ICE to notify LEAs that could have received an immigration detainer (DHS Form I-247A) from ICE that “a detainer does not provide the legal authority for a state or local law enforcement officer to make a civil immigration arrest.”

Probable Cause Subclass members are defined as:

All current and future persons who are subject to an immigration detainer issued by an ICE agent located in the Central District of California, where the detainer is not based upon a final order of removal signed by an immigration judge or the individual is not subject to ongoing removal proceedings and the detainer was issued solely on the basis of electronic database checks. (For these individuals, an LEA would have received a DHS Form I-247A, with only the third box checked in the section labeled “1. DHS HAS DETERMINED THAT PROBABLE CAUSE EXISTS THAT THE SUBJECT IS A REMOVABLE ALIEN. THIS DETERMINATION IS BASED ON.”)

ICE offices within the Central District of California include:

• Pacific Enforcement Response Center located in Laguna Niguel, California
• Enforcement and Removal Operations (ERO) Field Office in Los Angeles, California
• Homeland Security Investigations (HSI) Office of Special Agent in Charge in Long Beach, California

The judgment does not prohibit ICE from requesting, or state and local law enforcement agencies from providing, advance notification of release, nor does the judgment prohibit ICE from issuing detainers when the suspected removable alien is subject to a final order of removal, is subject to ongoing removal proceedings, or has made statements to an immigration officer affirmatively indicating that he or she lacks immigration status or notwithstanding such status is removable under U.S. immigration law to any law enforcement agency. The judgment does not bar the cooperative efforts of any federal, state, or local law enforcement agency and only applies to ICE.

The government is seeking further review of this judgment. De La Cerda v. U.S. Dep’t of Homeland Security, No. 20-55175 (9th Cir. filed Feb. 14, 2020). On March 2, 2020, the Ninth Circuit Court of Appeals granted the government’s emergency request to stay the part of the judgment prohibiting ICE from issuing detainers seeking the detention of Probable Cause Subclass members to LEAs in states that lack state law permitting state and local LEAs to make civil immigration arrests based on civil immigration detainers only. Id., Dkt. 10.

Lyon v. ICE et al., No. 3:13-cv-5878 (N.D. Cal.)

September 27, 2016

This notice is to inform you of a settlement of a class action lawsuit called Lyon v. ICE et al., No. 3:13-cv-5878 (N.D. Cal.).

Settlement Agreement and Release

• English: Settlement Agreement and Release (PDF | 1.5 MB)
• Notice of Final Settlement
  • English (PDF | 226 KB)
  • Spanish (PDF | 180 KB)

Franco-Gonzalez v. Holder, No. CV 10-02211 DMG (DTBx) (C.D. Cal.)

July 20, 2015

This notice is being given by order of the Court to individuals who are members of a class of current and former individuals in immigration detention in Arizona, California, and Washington; who have certain serious mental disorders; and who have not had legal representation in their immigration cases. This notice is to inform you of a partial settlement of a class action lawsuit called Franco-Gonzalez v. Holder, No. CV 10-02211 DMG (DTBx) (C.D. Cal.).

• Agreement Regarding Procedures for Notifying and Reopening Cases of Franco Class Members Who Have Received Final Orders of Removal (PDF | 1.5 MB)

Pursuant to the settlement, Plaintiffs’ counsel has drafted the below notices and instructions.

• Summary Class Notice (PDF | 585 KB)
• Joint Motion Notice and Instructions (PDF | 548 KB)
• Unilateral Motion Notice and Instructions (PDF | 557 KB)

De Abadia Peixoto et al. v. United States Dept. of Homeland Security, et al., Case No.: 3:11-CV-4001 RS (U.S. District Court, Northern District of California)

January 29, 2014

This notice is being given by Order of the Court to individuals who may be members of a class of current and future adult immigration detainees who have or will have proceedings in immigration court in San Francisco during the period from December 23, 2011 to April 10, 2017, who are affected by the settlement of a class action lawsuit called De Abadia Peixoto et al. v. United States Dept. of Homeland Security, et al., Case No.: 3:11-CV-4001 RS (U.S. District Court, Northern District of California).

• Full Document - English (PDF | 89 KB)
• Full Document - Español (PDF | 95 KB)
• Full Document - Chinese (PDF | 164 KB)
• Full Document - Punjabi (PDF | 234 KB)

Victims of Carder.su

April 19, 2012

Since November 2005, the Carder.su organization, a transnational criminal organization, has been engaged in large scale trafficking of compromised credit card account data and counterfeit instruments. In March 2012, the U.S. Secret Service and U.S. Immigration and Customs Enforcement's Homeland Security Investigations arrested more than 19 members during Operation Open Market, an investigation into the Carder.su organization, which operated primarily out of Las Vegas and elsewhere. If you believe your personal and financial identifiers have been compromised by members of the Carder.su organization, or if you are a financial institution that has had accounts compromised by this organization, please visit the U.S. Attorney for the District of Nevada's website for additional information about the status of these cases and your rights as a victim.

Former immigration clients and members of the Seamens Harvest Ministries Organization

February 23, 2012

In June 2011, the U.S. Attorney’s Office for the Southern District of Florida and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), charged four individuals with immigration fraud and other related crimes. The defendants allegedly filed on behalf of their clients false and fraudulent immigration applications with the U.S. Citizenship and Immigration Services (USCIS). While committing this fraud, one defendant allegedly posed as an employee and officer of ICE. The defendants are scheduled to appear in court for trial on May 14, 2012 at the U.S. District Courthouse in Miami, Fla.

Pursuant to federal law, victims of federal offenses are entitled to certain rights which include, among others, the ability to receive notice of case events, submit information to the court concerning the impact of the crime, seek any possible restitution, and may be able to attend the trial or any public hearings in this matter. If you believe that you were a victim of these crimes, please call U.S. Immigration and Customs Enforcement at (866) DHS-2ICE or (866) 347-2423.

Please note that the filing of charges are merely an accusation. Any and every person charged with a crime is presumed innocent unless and until proven guilty at trial or through change of plea.

Special Juvenile Immigration Benefits

January 27, 2011

On December 15, 2010, the U.S. District Court for the Central District of California approved a settlement agreement regarding special immigrant juveniles in the Perez-Olano, et al. v. Holder, et al litigation. A copy of the settlement agreement and the district court’s order are posted on this website. Click the links below to view the settlement agreement and court order.

• Court Order (PDF | 34.5 KB)
• Settlement Agreement (PDF | 3.4 MB)