U.S. Department of Justice
Immigration and Naturalization Service
Washington, D.C. 20536
Contact:
Media Services
Office of Public Affairs
202-514-2648
Fax: 202-514-1776
NEWS RELEASE
August 6, 1999
INS Implements New Procedures on Long-Term Detention
Interim Procedures Will Be Followed by Regulatory Process
WASHINGTON – Attorney General Janet Reno and Immigration and Naturalization Service (INS) Commissioner Doris Meissner today have adopted a plan for the permanent reform of the procedures governing custody review of inadmissible and criminal aliens who are subject to final orders of removal. To carry out the first stage of this plan, INS has put in place new procedures, effective immediately, to ensure fair, independent and consistent review of the continued detention of such aliens.
These steps also meet Commissioner Meissner’s April commitment to provide a fair and consistent review process that is conducted in a timely, methodical manner. The reviews will determine eligibility for release of these individuals under authorization provided in the changes in the 1996 immigration law.
"INS’ priority is keeping communities safe, and no one will be released if he or she is deemed to pose a threat to public safety," said Commissioner Meissner. "The agency is committed to fairness, consistency and timeliness. The procedures announced today will meet these commitments while keeping community safety a top priority. In addition, these procedures will provide individuals in long-term detention and their families key information on when their cases will be reviewed, as well as the procedures for those reviews."
These procedures apply to any alien ordered removed who is inadmissible, removable and who has been determined by the Attorney General to be a risk to the community or unlikely to comply with the order of removal. They cover aliens convicted of an aggravated felony and non-aggravated felon aliens with final orders of exclusion who have been detained beyond the 90-day removal period prescribed by law.
While INS has begun the regulatory process that will put permanent regulations into place, the following interim procedures will be in effect:
• INS District Directors will continue to make an initial review prior to the expiration of the 90-day removal period.
• Within 30 days of the District Director’s custody review, the alien must receive written notification of a release decision. A decision to release should specify the conditions of release. A decision to detain will clearly delineate the factors presented by the alien in support of his or her release, and the reasons for the District Director’s decision.
• If release is not authorized, a second review will be scheduled nine months from the date of the final administrative order of removal or six months after the original review, whichever is later. Written notice will be given to each alien at least 30 days prior to the date of each review. The notice will specify the factors to be considered and explain that the alien has the opportunity to demonstrate by clear and convincing evidence that he or she is not a threat to the community and is likely to comply with the removal order. For this review, an interview is mandatory. Detention decisions at this stage require concurrence from INS headquarters.
• If release is not authorized, the District Director will conduct subsequent reviews at six month intervals with an annual mandatory concurrence at headquarters. The District Director may consider new information supplied by the alien in support of his request for release between scheduled reviews.
• Release decisions will consider criminal and immigration violations, detention history, violence while incarcerated, evidence of rehabilitation, and ties to the community. Favorable and adverse factors will be weighed to determine whether the detainee has demonstrated by clear and convincing evidence that he/she does not pose a threat to the community and is likely to comply with the removal order.
• Aliens will receive written notice of custody reviews. The notice advises the aliens that they may present information supporting a release and they may be assisted by an attorney or other person at no expense to the government. The alien will receive a separate notice of the opportunity for an annual interview and a written decision with an explanation of its basis.
– INS –