ICE Actions in Wake of Disclosure of Personally Identifiable Information

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ICE Actions in Wake of Disclosure of Personally Identifiable Information

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On November 28, 2022, Immigration and Customs Enforcement (ICE) unintentionally posted a document to its website that included names and other personally identifiable information (PII) of 6,000 noncitizens in ICE custody. This document, which was posted for about 5 hours, included information about feared persecution in noncitizens’ countries of origin.  ICE is prohibited by regulation from disclosing this information in part because it could further endanger the noncitizens to persecution by the government in the country of origin or by people the government is unable to control. Little more than a week after the initial unlawful disclosure, on December 7, 2022, DHS unintentionally disclosed information about 103 Cubans slated for removal from the United States in direct communications to the Cuban government.

Due to the unauthorized disclosures, ICE has announced remedial measures for affected noncitizens.  First, it has conducted custody reviews for many of the noncitizens who had their information posted and has released nearly half of the individuals from custody.  The agency says it is continuing to conduct custody reviews.  In addition, ICE is seeking to put people in withholding-only proceedings into normal removal proceedings, is not opposing motions to reopen, and has agreed to return affected people who have already been deported from the U.S.  Further details about remedial measures for noncitizens in various circumstances and procedural postures are posted on the ICE website.

Any person who gets notice that their personally identifiable information was improperly disclosed should immediately seek advice from a qualified immigration attorney.  To schedule a consultation with a Joseph & Hall attorney, click here.

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