ICE Updates Procedures for Detained Aliens with Judicial Stays of Removal
Washington D.C. – U.S. Immigration and Customs Enforcement (ICE) has released an updated policy, Policy Number 24005: Procedures for Detained Aliens with Judicial Stays of Removal, outlining the agency’s procedures for managing individuals in immigration detention who have been granted a judicial stay of removal. The document, published on July 28, 2025, at 15:26, aims to ensure consistent and transparent handling of these cases.
A judicial stay of removal is an order issued by a federal court that temporarily halts an alien’s removal from the United States. These stays are typically granted pending the outcome of specific legal proceedings, such as appeals or further review of a case.
The updated ICE policy serves as a comprehensive guide for ICE personnel involved in the detention and management of individuals subject to such stays. It details the steps that should be taken from the moment a judicial stay is received and confirmed, through the period of its effectiveness, and until the stay is lifted or expires.
Key aspects of Policy Number 24005 include:
- Confirmation and Verification: The policy emphasizes the importance of thoroughly verifying and confirming the authenticity and terms of any judicial stay of removal received. This ensures that ICE acts only upon valid court orders.
- Notification Procedures: Clear guidelines are provided for notifying relevant ICE components, including detention facilities and field offices, about the issuance of a judicial stay and its implications for the detained individual.
- Release and Continued Detention: The policy addresses the specific circumstances under which a detained alien with a judicial stay of removal may be eligible for release from detention, as well as scenarios where continued detention may be appropriate, even with a stay in place, based on other legal grounds or security concerns.
- Case Management: The document outlines procedures for managing the case of an individual with a judicial stay, including tracking the status of the underlying legal proceedings and ensuring appropriate case file documentation.
- Communication and Coordination: Emphasis is placed on effective communication and coordination between ICE personnel, legal counsel for the alien, and relevant judicial bodies to ensure smooth processing and adherence to court orders.
- Re-detention: Procedures for re-detention, should the judicial stay be lifted or expire, are also detailed within the policy, ensuring a clear process for managing individuals once their legal protection from removal concludes.
ICE’s commitment to upholding legal processes and ensuring the fair treatment of all individuals within its custody is underscored by the issuance of this policy. By providing clear, standardized procedures for managing detained aliens with judicial stays of removal, ICE aims to enhance operational efficiency and maintain accountability in its detention and removal processes. This policy update reflects ICE’s ongoing efforts to adapt its operations to evolving legal requirements and to provide a structured framework for handling complex immigration cases.
Policy Number 24005: Procedures for Detained Aliens with Judicial Stays of Removal
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