CLIENT UPDATE: ICE TRANSFER PRACTICES UNDER SCRUTINY AS DETAINEES LOSE ACCESS TO COURTS AND COUNSEL
A growing number of reports show that Immigration and Customs Enforcement (ICE) is moving detainees between facilities across the country without notice. These long-distance transfers are creating serious legal problems, leaving attorneys unable to represent their clients and families uncertain of their loved ones’ location.
Here’s what’s happening, why it matters, and what clients should know.
1. BACKGROUND: WHAT’S CHANGING IN ICE DETENTION POLICY?
In recent months, ICE has been transferring detainees across multiple states in very short timeframes, often without informing lawyers or family members. This practice was previously discouraged, but under the current administration, attorneys say it is happening frequently and unpredictably.
Many detainees are being moved while court proceedings are still underway. In some cases, attorneys report they have refiled bond motions 15 to 20 times because courts keep losing jurisdiction over their clients.
The result: hearings are delayed, motions are dismissed, and detainees lose access to legal counsel while in detention.
2. HOW THESE TRANSFERS HURT LEGAL DEFENSES
- Courts will not hear a case if the detainee has been transferred out of the court’s jurisdiction
- Lawyers are not given time to update motions or request emergency relief
- Families are often unaware their loved one has been moved until days later
- Detainees may end up in remote or private facilities with little access to legal services
In one case, a man named Felix Morales was detained in Texas and moved through at least four states—Oklahoma, Colorado, New Mexico, and California. Each time his lawyers filed a motion, the court said it no longer had authority. His legal team unbelievably had to refile more than 20 times just to request a bond hearing.
3. WHY ADVOCATES SAY THIS IS A SERIOUS PROBLEM
Advocacy groups and legal experts say these transfers violate basic due process rights. The U.S. Constitution guarantees that people in removal proceedings have a chance to defend themselves. If courts cannot hear motions and attorneys cannot speak to their clients, that defense becomes impossible.
Legal groups warn that these practices risk turning immigration detention into a horrible system where detainees are moved out of reach—not because of safety or logistical needs, but in ways that prevent them from having a fair hearing.
4. HOW THIS AFFECTS FAMILIES AND COMMUNITIES
Families often report losing contact with loved ones entirely during these transfers. Some spend weeks trying to find out where someone has been moved. This lack of transparency adds tremendous emotional strain and makes it substantially harder to coordinate legal support, gather documents, or prepare evidence.
In some cases, detainees are transferred to jurisdictions where bond is harder to obtain, or where immigration judges have higher denial rates. This shows that ICE is likely “venue shopping” to secure faster deportations.
SUMMARY
- ICE is moving detained immigrants across multiple states with little or no notice
- Transfers are disrupting legal cases, delaying hearings, and denying access to attorneys
- Families often lose contact during transfers and cannot locate their loved ones
- Advocates say the practice is definitely harming due process and basic legal protections
WHAT CLIENTS SHOULD DO
If you or a family member is currently in detention or at risk of being detained:
- Make sure an attorney is on file and aware of your case
- Save every document or notice from ICE, the court, or detention center
- If you learn someone has been transferred, contact your attorney immediately
- If you lose contact with a loved one, call ICE’s online locator system and ask your lawyer to check detention rosters regularly
- Prepare legal materials in advance so they can be used across multiple courts if needed
