ICE Starts Pilot Program as Detention Alternative
Posted Jun 25, 2004

The U.S. Immigration and Customs Enforcement (ICE) announced a new pilot detention alternative program for foreign nationals in removal proceedings or awaiting removal from the U.S. The announcement was made a few days prior to the program's inception on June 21, 2004. The program will be tested in eight locations, namely: Baltimore, Philadelphia, Miami, St. Paul, Denver, Kansas City, San Francisco, and Portland. The program involves voluntary supervision, and is called the Intensive Supervision Appearance Program (ISAP). It is available to adult foreign nationals who meet certain specified criteria. The eligible individuals residing in the selected test areas must have a confirmed identity and cannot be subject to mandatory detention.

The eligible foreign nationals in this pilot program may be tracked by means of electronic bracelet monitoring, home visits by a case specialist, work visits by a case specialist, and/or reporting via telephone. The case specialist will also assist foreign national participants to obtain pro bono counsel for immigration court hearings and help them receive any other types of assistance to which they may be entitled. If the volunteers in this program violate any conditions of the program, they may be subject to additional supervision or detention.

We are hopeful that ICE will spend more time and resources on such pilot projects as these, rather than the mandatory detention programs discussed in our December 19, 2003 MurthyBulletin article, DHS Watch: ICE Structure, Projects, and Procedures, available on MurthyDotCom. Such initiatives help reduce the burden on U.S. taxpayers, as incarceration is very expensive. These sorts of alternative programs are also more humane and comport with our philosophy that those who are subject to removal are generally not criminals but need to support their families instead of being incarcerated. As explained in the above-referenced article, unfortunately, even as programs such as ISAP are explored, ICE is expanding the Hartford project to other areas. Persons who have a friend or family member facing an immigration court hearing should seek the counsel of a qualified immigration attorney to discuss potential outcomes at the hearing as well as whether an ICE pilot program has been initiated in their area.