Updates from ICE-ERO

Updates from ICE-ERO:  A new AFOD has been hired for the Columbus ICE-ERO office who will arrive in early September. Their identity has not yet been announced internally. This person will have the same telephone number extension as David Deweese  Until then, Mark Hamilton, the Detroit AFOD maintains his position as acting AFOD for Columbus. His phone number is 313-568-6037, and his email is [email protected]  ATD (Alternative to Detention) will be the new default for individuals post-order. There is a move to get all individuals who are in removal enrolled in ATD.  ATD will not be added as an additional condition to IJ bond decisions o there will be in-person reporting ATD and technology-only reporting o landlines required for telephonic reporting, not cell phones, as alternative to in-person reporting o individuals with old cases may be called in to get their prints on file  The Columbus ICE office will not be physically moved for 2-3 years.  Voicemail boxes have been updated and matched with the officer actually using them.  If OCC does not have an NTA, email Mark Hamilton, and he can provide the NTA minus signature.  Yes, ICE will continue to detain individuals on a case-by-case basis, when they are charged with a crime but not yet convicted, if there is a public safety concern, even if released by state court.  ICE will sometimes consider an OVI charge that was plead down to a lesser offense to still be an enforcement priority, on a case by case basis.  For non-detained Respondents, counsel can request that the reasonable fear interview take place via televideo from the Columbus ICE office, rather than in- person at the Chicago Asylum Office; doing so will cause a re-evaluation of the Respondent’s custody situation.

Answers to Questions from Chapter Members: 1. Why have some of our clients been getting letters to come in for biometrics at 50 W. Broad Street, which is no longer the ASC location, and counsel does not receive a copy of these letters? A: Respondents in removal proceedings are asked to do biometrics at the Columbus ICE office in order to be enrolled in ATD and get their fingerprints on file. The fingerprint check performed by ASC is not sufficient for this.  AILA opined and requested that letters of this type should also be sent to Respondents’ counsel.

2. Is ICE willing to work with Respondents to remove ankle monitors if they demonstrate cooperation? If so, what do R’s need to do, generally, for removal of the ankle monitor? Is a current travel document required? Is a time period of compliance with reporting required? Anything attorneys should make sure is done before making such a request? A: Yes, ICE will work with Respondents to remove ankle monitors. If someone is compliant and there are non-aggravating factors, he/she earns de-escalated supervision. Supervision only escalates if there is non-compliance. To get the ankle monitor off, R’s must comply for several weeks, or a couple of months, not just a week. There is no exact formula. R’s are obligated to turn in their travel document, which is a large show of good faith, and there should be a de-escalation after that. Telephone landlines will be required for telephonic reporting.

3. What is the Columbus ICE office policy in regards to responding to USCIS RFE’s on EAD’s, where the Respondent is final order and under an Order of Supervision with ICE? Is it ICE policy to state that non-priority individuals are not in compliance with their Orders of Supervision? A: No, the ICE officer should not be writing “not a priority under PEP.” Those who are not a priority will be required to maintain minimum contact. All individuals who were under an Order of Supervision should be put back under the Orders of Supervision if they request it. Mr. Hamilton will ensure that the ICE notes are properly updated for USCIS for these individuals. If your client has a problem of this type, contact him.