Bronx Justice News: ICE Has Secret “No-Release” Policy for Detainees in NYC, Suit Claims

The NYCLU and Bronx Defenders sued the federal government this week, claiming ICE is unlawfully keeping thousands of New Yorkers jailed for non-criminal immigration offenses.

Nearly everyone ICE apprehended over the last three years remains in lockup, the lawsuit alleges, despite a federal law mandating individualized custody determinations be made by ICE officials within 48 hours or arrest.

That determination, experts said, is supposed to be based on whether a person poses a flight or public safety risk. But ICE has avoided releasing almost all prisoners by “rigging” the risk assessment algorithm the agency uses to determine whether someone should be freed, granted bond, or kept in detention, the NYCLU and Bronx Defenders claim.

ICE’s alleged algorithm manipulation eliminates the option for recommending release, the suit alleges, meaning detainees must wait weeks or months to seek freedom before a judge.

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