Bloggings on Deportation and Removal

by Matthew Kolken

ICE Using a Computer Program to Determine whether to Detain Immigrants

My colleague Chuck Kuck recently told me that he heard that ICE has been using an automated computer program to assess the risk of releasing immigrants from custody. *I hadn't heard about it so I did a little digging. Chuck was right. *Last July ICE implemented*a new automated Risk Classification Assessment "instrument"*to "improve transparency and uniformity in detention custody and classification decisions."

ICE has incorporated the automated computer program right into the "book-in" process. *ICE claims that "objective criteria" are being utilized "to guide decision making" and further consideration is given to "any special vulnerability" to aid in the determination of whether someone should be taken to immigration detention. *If the computer determines that you should be detained a custody classification level is assigned to you, which undoubtedly impacts the amount of bond being set, or if you will be held without bond.

I haven't been able to get my fingers on any further information detailing the specific factors utilized in the program, but ICE claims that they "reflect the agency's civil enforcement priorities."

Isn't that comforting.

About The Author

Matthew Kolken is a trial lawyer with experience in all aspects of United States Immigration Law including Immigration Courts throughout the United States, and appellate practice before the Board of Immigration Appeals, the U.S. District Courts, and U.S. Courts of Appeals. He is admitted to practice in the courts of the State of New York , the United States District Court for the Western District of New York, the United States Court of Appeals for the Second Circuit, and is a member of the American Immigration Lawyers Association (AILA).

The opinions expressed in this article are those of the author(s) alone and should not be imputed to ILW.COM.