A group of attorneys representing noncitizens in New York City told a Manhattan federal judge that the Immigration and Customs Enforcement’s blanket no release policy is back in place. The group argued that the number of individuals released from ICE custody has decreased. This is despite a 2022 settlement that mandated ICE to hold individual case hearings to determine if detained individuals can be released.

Critics of the Trump administration argue the President is using concerns over terrorism to inflate detention and deportation numbers. Critics also claimed that ICE reinstated the blanket policy for this same reason, and that the policy is ensuring those who don’t pose a national security risk are being detained for longer than they should be.

Many also point to the high-profile arrest of individuals like Georgetown University Researcher Badar Khan Suri as further proof. Suri is one of many noncitizen students and scholars who’ve been detained due to their participation in protest over the previous year. A Department of Homeland Security (DHS) spokesperson claimed Suri’s arrest was due to his suspected affiliation with terrorist organizations.

Supporters of the changes in policy argue that the policies will help contain and deter threats to the United State’s national security. They argue the use of a blanket policy, combined with the use of individualized release hearings, will ensure individuals who pose a risk to national security will remain in custody while those who don’t are released.

As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.

ICE no release policy